SMITH v. CONWAY


32 A.D.2d 868 (1969)

Stanley Smith, Respondent, v. William A. Conway et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 24, 1969


COOKE, J.

The action arises out of the collision between two heavily laden tractor trailers facing in the same direction on the New York State Thruway at about 4:15 A.M. at a point where the two eastbound and two westbound lanes were separated by a grass mall. There was testimony that plaintiff, operating the rear vehicle, first observed the tractor trailer operated by defendant Conway without lights about 450 feet ahead; that plaintiff had been proceeding...

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