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NELSON v. RUMSEY

5 A.D.2d 460 (1958)

Charles J. Nelson, Respondent, v. Joyce A. Rumsey, Appellant John A. Smith, Appellant, v. Charles J. Nelson, Respondent John A. Smith, Respondent, v. Joyce A. Rumsey, Appellant

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

April 9, 1958.

Attorney(s) appearing for the Case

Charles B. Swartwood for Joyce A. Rumsey, appellant.

Max Etkind, Abraham Golos and Paul Reed Taylor for John A. Smith, appellant and respondent.

William E. Palmer for Charles J. Nelson, respondent.

FOSTER, P. J., and COON, J., concur with BERGAN, J.; GIBSON, J., dissents in an opinion.

BERGAN, J.

In the village of Horseheads, Route 17, running in an east-west direction, is composed of two roadways, each 24 feet wide, separated by a grass mall 15 to 18 feet wide. This highway is intersected by Lackawanna Avenue, a north-south street 20 feet wide.

On November 27, 1955 a vehicle operated by plaintiff Nelson was proceeding in Route 17 in a westerly direction. Defendant Rumsey was driving...

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