COLE v. SWAGLER


308 N.Y. 325 (1955)

Grace T. Cole, as Administratrix of The Estate of George W. Cole, Deceased, Respondent, v. Charles Swagler, as Administrator of The Estate of Eugene Swagler, Deceased, Appellant.

Court of Appeals of the State of New York.

Decided March 11, 1955


Attorney(s) appearing for the Case

Reid S. Moule and Lowell Grasse for appellant.

Emil L. Cohen, Nathan A. Weiss and Norman B. Lewis for respondent.

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


FROESSEL, J.

On December 20, 1952, at about 3:30 A.M., the weather being clear and the pavement dry, a Hudson automobile owned by defendant's intestate was proceeding easterly along Lake Shore Road, a four-lane highway in Erie County, in the direction of Buffalo. It overtook and passed a patrol car in which two local deputy sheriffs were traveling at twenty-five or thirty miles an hour. Neither of the deputies...

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