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MATTER OF TYSON, JR. v. MACDUFF

285 A.D. 907 (1955)

In the Matter of Robert S. Tyson, Jr., Petitioner, v. James R. Macduff, as Commissioner of Motor Vehicles of The State of New York, Respondent

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

February 28, 1955.

Determination annulled on the law, without costs.

Petitioner's license was suspended because he was involved in a collision with a light pole when he fell asleep while driving his automobile. There is no proof that petitioner had any previous warning of drowsiness. Under such circumstances, a finding of gross negligence or reckless disregard for life or property of others was not justified (Matter of Jenson v. Fletcher, 277 App. Div. 454, affd.

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