MADISON v. BELLINGER TRANSP., INC.


286 A.D. 1061 (1955)

Dorotha Madison, Appellant, v. Bellinger Transportation, Inc., Respondent

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

October 6, 1955.


The proof showed that the plaintiff had been a passenger in an automobile owned by the defendant and operated by one Avery. Avery, called as a witness for the plaintiff, testified that, after he had pulled out to pass a car traveling in the same direction, he noticed a car coming in the opposite direction and he stepped on the brake and pulled back to the right. At about the same time, plaintiff had an epileptic fit and fell against Avery. The car went out of control, ran...

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