MATTER OF MURPHY v. KELLY


1 A.D.2d 922 (1956)

In the Matter of Robert N. Murphy, 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.

March 21, 1956


The proof upon the hearing showed that the petitioner, while driving at forty to forty-five miles per hour, ran his automobile off the highway, to his left, into a ditch. He travelled thirty feet and did not stop until he struck a culvert. He did not apply his brakes at any time. He testified that he had dozed off while driving. The petitioner testified that, after attending a party, he left about 11:30 P.M. to return home and that he began to feel sleepy during the last...

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