Smith v. Conway

Appeal by defendants from a judgment of the Supreme Court entered upon a verdict in favor of plaintiff in a personal injury negligence action. 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 at…