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BABCOCK v. JACKSON

12 N.Y.2d 473 (1963)

Georgia W. Babcock, Appellant, v. Mabel B. Jackson, as Executrix of William H. Jackson, Deceased, Respondent.

Court of Appeals of the State of New York.

Decided May 9, 1963.

Attorney(s) appearing for the Case

John M. Regan for appellant.

Ellsworth Van Graafeiland for respondent.

Chief Judge DESMOND and Judges DYE, BURKE and FOSTER concur with Judge FULD; Judge VAN VOORHIS dissents in an opinion in which Judge SCILEPPI concurs.

FULD, J.

On Friday, September 16, 1960, Miss Georgia Babcock and her friends, Mr. and Mrs. William Jackson, all residents of Rochester, left that city in Mr. Jackson's automobile, Miss Babcock as guest, for a week-end trip to Canada. Some hours later, as Mr. Jackson was driving in the Province of Ontario, he apparently lost control of the car; it went off the highway into an adjacent stone wall, and Miss Babcock...

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