YOUNG v. NEW YORK AUTO CARRIER CO. ET AL

Negligence — Automobiles — Driver temporarily blinded by lights of oncoming car — Collision with parked vehicle — Contributory negligence.

Where plaintiff's automobile ran into the rear of defendants' tractor-trailer, and it appeared that plaintiff ascended a slight grade, rounded a bend in the road, and was blinded by an oncoming car's headlights; that he, traveling at 35 miles an hour, refrained from applying his brakes because of snow and ice on the road; that when he recovered his vision, he saw a dark bulk without lights in front of him, and immediately applied his brakes, but because of the road conditions was unable to avoid striking the tractor-trailer; and there was evidence that the tractor-trailer had been stopped, partly on the traveled portion of the highway, without lights or flares; it was Held that, under the evidence, the questions of negligence and contributory negligence were for the jury.

OPINION PER CURIAM, March 20, 1950:

The judgment of the lower court is affirmed on the opinion of President Judge HOBAN.