Best v. State

Hasbrouck, J. (dissenting):

The point of the accident was a much-traveled highway in the village of Mellenville. The road running east and west was straight for one hundred feet at the place of the accident. On the north side of the road there was an abrupt decline from the edge of the shoulder of some eleven or twelve feet at the lowest point. The declivity continued along the road for one hundred and thirty-five feet. The macadam was fourteen feet wide. The shoulder on the north was four feet wide. The road and shoulders twenty-two feet wide. Between the macadam and the shoulder which had…