MAISLIN BROS. TRANSP., LTD. v. STATE


15 A.D.2d 853 (1962)

Maislin Bros. Transport, Ltd., Appellant, v. State of New York, Respondent. (Claim No. 34606.) Gary Motor Lines, Inc., Appellant, v. State of New York, Respondent. (Claim No. 34607.) Jean Warren, as Administrator of The Estate of Richard Warren, Deceased, Appellant, v. State of New York, Respondent. (Claim No. 34608.)

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

February 20, 1962


The accident was unwitnessed and there is no direct evidence as to what caused the vehicle to cross the highway and go over the embankment. "When an automobile swerves and leaves the road for no definitely assignable reason, it is altogether possible that the accident was due to either of several causes, the failure of the steering gear or a lapse on the part of the driver. * * * In * * * such cases the balance of probabilities between causes

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