APPEL v. ROOT


18 A.D.2d 686 (1962)

Oscar Appel et al., Respondents, v. Rhoda Root, Appellant

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

December 17, 1962


Order affirmed, with $10 costs and disbursements.

Plaintiffs were passengers in an automobile owned and operated by defendant. It appears, without dispute, that defendant brought the vehicle to a stop to permit her husband to alight in order to purchase a newspaper; that she kept the motor running and the car in gear; and that when he re-entered the car it suddenly shot forward because defendant's foot evidently slipped from the brake to the accelerator. It also appears...

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