Crowell v. State

• Citation: 208 Misc. 961,145 N.Y.S.2d 699
• Parties: Helen CROWELL, Josephine Crowell, an infant, by her guardian ad litem, Mildred Crowell, Mildred Crowell, individually, and Anna Evon, Claimants, v. The STATE of New York.
• Decision Date: 10 November 1955
• Court: New York Court of Claims

Page 699

145 N.Y.S.2d 699

208 Misc. 961

Helen CROWELL, Josephine Crowell, an infant, by her guardian ad litem, Mildred Crowell, Mildred Crowell, individually, and Anna Evon, Claimants, v. The STATE of New York.

Court of Claims of New York.

Nov. 10, 1955.

Feltenstein & Rosenstein, New York City, for claimants, by S. J. Feltenstein, New York City, of counsel.

Jacob K. Javits, Atty. Gen., by James G. Austin, Asst. Atty. Gen., of counsel, for the State of New York.

SYLVENSTER, Judge.

Claimants Helen Crowell and Josephine Crowell, sisters, were injured in an automobile accident on March 12, 1950 at about 2 A.M. The claim of Anna Evon, who was riding with them at the time, has been severed and remanded to the general calendar for nonappearance. Sometime between 9 and 10:00 P.M. on March 11, 1950, the three girls went riding in a car owned and driven by one John Schmid. In the car also were three other young men. Starting from Noroton, Conn., where the sisters lived, they drove to Bedford Village, stopping at a tavern known as the 19th hole and staying there until shortly before 11 P.M. Leaving there, they drove to a tavern in Tarrytown and then to a bar and grill in Ossining. They left Ossining around 2 A.M. to return home. Traveling easterly on Route 133 which runs generally east and west, they came to a curve in the road which the driver failed to negotiate. The car crashed into a Lighting Company pole, identified as pole No. 167, located at a point on the road designated as Station 87+50.

It appears that Route 133 along which they had traveled declines downward at Station 76 approximately, from a grade of 4 1/2% between that Station and Station 79+50 to a grade of 9 1/2% thereafter to a point beyond the area of the accident. At Station 78+50 the State had erected a sing indicating an 'S' curve and bearing the legend 'Warning Sharp Curves'. Though the sign did not conform in design with the Manual of Traffic Devices, it was, nevertheless, posted at the proper distance in advance of the curve. The so-called 'p.c.' of the first part of the 'S' curve was located at Station 81+20 (Ex.28) and lay between the Lighting Company poles numbered 165 and 166 depicted on Ex. 22. The p. c. of the 2nd curve which turned toward the left was located at Station 85+16 and, unlike the first curve, was rather sharp, measuring 19 degrees. Coming down the hill, the car negotiated the first part of the 'S' curve and got as far as Station 87+50 where it crashed into Lighting Company pole No. 167. The tire marks, examined by the then Chief of the local police who testified, indicated that the car left the road at a point between poles 166 and 167, and much closer to pole 166; the distance between those two poles measuring 96 feet. He further testified that the weather was cloudy and that the road had been wet but would not say that visibility was bad. The various photographs is evidence as well as the testimony were relied on pro and con to establish whether or not the two white lines in the middle of the road could be observed. It would suffice to say that they showed up faintly. It is established that pole 167 into which the car crashed was painted white up to 4 feet from its bottom and that the 4 concrete guide posts adjacent to the pole and which had been knocked down by the car were also painted white; and that pole 166 was not painted white.

Claimants argue that it may be inferred that the driver was misled by reason of the fact, among others, that he was being guided in his course of travel by the trees of the woods which lined the road some distance to the right; that at the point where the road curved to the left the trees continued along a straight line, more or less, and that the driver went off the road believing it continued along and parallel with the line of trees. This, of course, is purely conjectural since the driver did not testify. It is indicated, though not clearly, that a warning sing of some kind, believed to be a hill sign, was posted in the neighborhood of Station 76, shortly before reaching...