Claimants were riding together on a double seat of a motorcycle at 1 A.M., August 1, 1948. A statute requires the driver to carry any other person on a seat in his rear (Vehicle and Traffic Law, § 88). The motorcycle "went out from under" or "swerved off" from under the riders, and they were thrown to the pavement and injured. The driver observed nothing unusual about the pavement as he drove along. Ten feet in the rear of the place where claimant Dudley lay on the pavement...
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