WACHSMITH v. MYERS


11 A.D.2d 1001 (1960)

Frank C. Wachsmith, as Administrator of The Estate of Donald F. Wachsmith, Deceased, Respondent, et al., Plaintiff, v. John V. Myers et al., Appellants

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

October 18, 1960


Judgment affirmed, with costs to the respondent.

Valente, J., dissents in the following memorandum.

I dissent and would reverse the judgment and grant a new trial. Section 58-a of the Vehicle and Traffic Law provides that "No motor vehicle shall be parked and left standing on the paved portion of any state highway, * * * outside of cities and incorporated villages, except in an emergency". The trial court correctly charged the jury that if they...

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