MATTER OF SCOTT v. KELLY


6 A.D.2d 945 (1958)

In the Matter of Ernest H. Scott, 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.

July 3, 1958


On May 3, 1957, at about 10 o'clock at night petitioner was involved in an accident about 10 miles east of Hancock, New York, on a sharp curve located on what is known as Hawk Mountain. His car went off the pavement and struck guardrails. He testified that "I fell asleep, I guess". It was further developed in the testimony that he noticed that he felt sleepy after he left Hancock. There was evidence from which the determination could have been made that the accident in which...

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