MATTER OF HUME v. KELLY


1 A.D.2d 742 (1955)

In the Matter of Leon F. Hume, Petitioner, v. Joseph P. Kelly, as Commissioner of Motor Vehicles of The State of New York, Respondent

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

December 23, 1955


The determination followed a hearing at which evidence was taken, and made upon a finding that petitioner drove his motor vehicle at such a rate of speed that he was unable to stop without causing property damage or personal injuries, in violation of subdivision 1 of section 56 of the Vehicle and Traffic Law. Petitioner was driving a concrete mixer truck, loaded to a capacity of fifteen tons, in the city of Oneonta, and proceeding south toward an unguarded one-track railroad...

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