SCHULER v. NEWHOF


276 A.D. 887 (1949)

Raymond Schuler, Respondent, v. Aaron Newhof, Doing Business as Lewis Newhof & Son, et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 29, 1949.


Before daylight on a foggy morning plaintiff ran his vehicle into defendants' truck standing on the travelled portion of a main highway. The jury could have found there were no lights on the standing truck, or flares near it. In circumstances of limited visibility the question of contributory negligence of the driver running into a standing vehicle is usually left for the jury (Lonstein v. Onondaga Frgt. Corp., 265 App. Div. 978; Pietraszewski v. American Ry. Express...

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