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VANYO v. SALISBURY

16 N.Y.2d 969 (1965)

Charles E. Vanyo, Respondent, v. Wayne Salisbury, Appellant.

Court of Appeals of the State of New York.

Decided October 28, 1965.

Attorney(s) appearing for the Case

Gerald Bouvier for appellant.

Charles H. Dougherty for respondent.

Concur: Chief Judge DESMOND and Judges FULD, BURKE and SCILEPPI. Judge DYE dissents in the following opinion in which Judges VAN VOORHIS and BERGAN concur:

Order affirmed, with costs.

DYE, J. (dissenting).

This appeal presents one of the most serious problems of modern times, namely, "carnage on the highway". It is here as of right so that we may consider the propriety of a judgment in plaintiff's favor for damages sustained when his automobile was rammed in the rear by an automobile driven by the defendant.

The accident happened at nighttime on...

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