In proceeding around a 25-degree curve in a town highway maintained by defendant Town of Colonie an automobile driven by James K. Robitaille at about 40 miles an hour went off the road on the outside of the curve and struck the stump of a tree on the side of the road. Two passengers in the car have recovered against the town for the negligent maintenance of the road; and against Robitaille for negligent operation of the vehicle; and in Robitaille's action against the town...
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