MEYER v. WHISNANT


307 N.Y. 369 (1954)

Maurice Meyer, Jr., et al., Appellants, v. Albert M. Whisnant, Jr., Respondent, et al., Defendants.

Court of Appeals of the State of New York.

Decided July 14, 1954


Attorney(s) appearing for the Case

Simon Brett for Maurice Meyer, Jr., appellant.

Alexander Freiser for Russell Boyle, appellant.

John M. Aherne, Casper B. Ughetta and John J. Martin for respondent.

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


DESMOND, J.

The dismissal of the complaints as against defendant-respondent Whisnant should be affirmed. The sudden, unanticipated and unexplained dash of the Bien car, across the highway and into Whisnant's path, made him the helpless victim of what was, beyond any dispute, an emergency with the creation of which Whisnant had nothing to do. Such violations as Whisnant may have been guilty of were no proof of negligent causation...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases