MALASPINA v. GILBERT


9 A.D.2d 842 (1959)

Rose T. Malaspina, as Successor Administratrix of The Estate of Peter A. Malaspina, Deceased, Respondent, v. Stephanie W. Gilbert et al., Appellants

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

November 13, 1959


The accident happened on April 15, 1957 while the decedent was riding his bicycle along the right side of the road on Route 28 in the Town of Olive, Ulster County. The defendant driver Stephanie W. Gilbert was operating the automobile of the defendant Harold Brooks Gilbert in the same direction as the decedent and in attempting to pass the bicycle without having blown a horn and at an approximate speed of 45 miles an hour, there was a collision resulting in the death of the...

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