BUTLER v. ALBERT


1 A.D.2d 43 (1955)

Richard J. Butler, Appellant, v. Paul H. Albert, Respondent

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

December 23, 1955.


Attorney(s) appearing for the Case

Timothy F. O'Brien for appellant.

Henry S. Bayly and Bernard Simon for respondent.

FOSTER, P. J., COON, HALPERN and ZELLER, JJ., concur.


BERGAN, J.

While plaintiff was a passenger riding in his own car driven by defendant, who is his brother-in-law, an accident occurred and plaintiff was injured. They had together visited several taverns; both had been drinking; they were on their way home after midnight.

The car ran off the highway and struck a telephone pole. Plaintiff had at once fallen asleep when he got into the car; the driver fell asleep at the wheel while driving. There...

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