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HARRIS v. ALLSTATE INS. CO.

309 N.Y. 72 (1955)

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

Court of Appeals of the State of New York.

Decided July 8, 1955

Attorney(s) appearing for the Case

Asher Marcus for appellant.

Sydney H. Harris for respondent.

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

FULD, J.

Driving in a heavy rainstorm, in a section where there were signs, "Flood area, caution," plaintiff ran into a puddle of water some 50 feet long and 8 inches deep. The right side of his car hit the water, traveling at a speed of about 45 miles an hour, and he felt the car pull to the right. He tried to steer to the left in order to stay on the highway, but the car kept pulling to the right, then mounted...

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