The action involves a head-on collision between an automobile driven by the plaintiff and an automobile driven by defendant Ferrarini on a two-lane concrete highway 20 feet wide with eight-foot shoulders, known as Route 17, a short distance east of Waverly, N. Y. The accident happened on December 19, 1955, at about 5:40 P.M. It was dark and both vehicles had headlights on. There had been snow flurries during the day and there were patches of ice on the highway. There was...
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