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SELLES v. SMITH

4 N.Y.2d 412 (1958)

Louis Selles, Appellant, v. Robert E. Smith, Respondent.

Court of Appeals of the State of New York.

Decided June 25, 1958.

Attorney(s) appearing for the Case

Herman M. Kessel and Kalman Ress for appellant.

John J. Cunneen for respondent.

Chief Judge CONWAY and Judges DESMOND, DYE, FROESSEL, VAN VOORHIS and BURKE concur.

FULD, J.

New York bound from a Florida vacation, plaintiff Selles was injured on April 25, 1953, when the automobile in which he was traveling overturned as it was speeding through South Carolina. With him at the time were his wife, who was driving and who was killed in the accident, and defendant Smith, who owned the vehicle. Asserting negligence on the part of his wife in driving, the plaintiff brought suit...

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