Peterson v. State

On the 13th day of September, 1959, at about 10:50 p.m., claimant, while operating his motor vehicle in a southerly direction on Route 77, a two-lane, 18-foot-wide State highway, collided with an abandoned truck. The accident occurred in the Town of Pembroke, Genesee County, between Indian Falls and the intersection of Route 77 with Route 5. The weather was clear, the pavement dry and the highway unlighted.

Witnesses testified that the truck encountered mechanical difficulties at or about 3:00 p.m., in the afternoon. It remained on the highway until the time of the accident and occupied the…