Judgment reversed, and a new trial granted, with costs to appellants to abide the event. The findings of fact have not been considered.
Appellant Lena B. Smith, hereinafter referred to as appellant, was driving a motor vehicle owned by appellant Harry Smith, her husband, on Mechanicstown Crystal Run Road, where it is intersected by the Route 17 by-pass in Middletown, New York. The by-pass had not been officially opened to traffic at that time but was opened two weeks...
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