ALLENSON v. FURMAN


16 A.D.2d 629 (1962)

Ardelle Allenson, Individually, and as Guardian ad Litem of Wendy J. Allenson, an Infant, Respondent, v. Robert M. Furman et al., Appellants, et al., Defendant

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

April 17, 1962


Judgment unanimously reversed on the law and on the facts, the decision vacated, and the complaint dismissed on the law with costs to defendants-appellants.

The sudden and high speed traverse of the highway by the second car and its coming to rest directly in the path of the car driven by defendant Furman resulted in an emergency not of his doing and not reasonably to have been anticipated by him. Confronted with the sudden emergency, this defendant was "not obliged...

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