¶1Plaintiff’s exceptions sustained and motion for new trial granted, with costs to plaintiff to abide event. Held, that there was a question of fact to be submitted to the jury as to whether the plaintiff was negligent in failing to *945discover sooner than he did that the defendant was about to violate the law of the road
¶2See Highway Law (Consol. Laws, chap. 25; Laws of 1909, chap. 30), § 283, subd. 3, as added by Laws of 1910, chap. 374; Rochester Ordinances, art. 2, § 10, subd. 5.— [Rep.