HARRIS v. ALLSTATE INS. CO.


285 A.D. 76 (1954)

Thomas J. Harris, Respondent, v. Allstate Insurance Co., Appellant, et al., Defendant

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

November 23, 1954.


Attorney(s) appearing for the Case

Marshall D. Sweetbaum of counsel (McCarthy & McGrath, attorneys), for appellant.

Sydney M. Harris for respondent.

DORE and COHN, JJ., concur with BOTEIN, J.; PECK, P. J., dissents and votes to reverse and dismiss the complaint in opinion in which CALLAHAN, J., concurs.


BOTEIN, J.

Plaintiff, during a heavy rainstorm, drove his car into a puddle of water about fifty feet in length and eight inches in depth. He testified that he was doing about forty to forty-five miles an hour and that the traction of the water pulled his car to the right. He attempted to hold it on the highway, but the car mounted a bank, overturned, and was practically demolished.

Plaintiff was insured...

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