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MATTER OF WIGNALL v. FLETCHER

303 N.Y. 435 (1952)

In the Matter of George R. Wignall, Respondent, v. Clifford J. Fletcher, as Commissioner of Motor Vehicles of the State of New York, Appellant.

Court of Appeals of the State of New York.

Decided January 24, 1952

Attorney(s) appearing for the Case

Nathaniel L. Goldstein, Attorney-General (John R. Davison, Wendell P. Brown and Philip J. Fitzgerald of counsel), for appellant.

Johnson S. Albright for respondent.

LEWIS, CONWAY and DYE, JJ., concur with FROESSEL, J.; DESMOND, J., dissents in opinion in which LOUGHRAN, Ch. J., and FULD, J., concur.

FROESSEL, J.

Petitioner is a farmer. Except for the first two months of his life, he has lived in the towns of Marion and Walworth in western New York for eighty years. He alleges that he has driven an automobile since 1910 and has always been licensed to drive, has always carried liability insurance, and never had an accident until 1948, when a young boy ran into the road and into the rear end of petitioner's...

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