O'Brien v. State

Claimant’s intestate, Joseph O’Brien, was killed about midnight of September 30, 1937, while riding as a passenger in an automobile owned and driven by one Sanders. The accident occurred while the automobile in which claimant’s intestate was riding was proceeding easterly along the Troy-Seheneetady road, between the city of Schenectady and the city of Watervliet. The highway at the point of accident was a two-lane, concrete road, eighteen feet in width.

It is the contention of claimant that as the automobile proceeded easterly along this highway and when about 150 feet westerly of a culvert,…