BOBBE v. CAMATO


26 A.D.2d 627 (1966)

Ramona Bobbe, as Executrix of Christopher H. Bobbe, Deceased, et al., Respondents, v. Elmer Camato, Doing Business as Elmer's Motor Express, Appellant, et al., Defendant

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

July 5, 1966


Judgment reversed on the law and a new trial granted, with costs to abide the event.

No questions of fact have been considered. The record demonstrates that the jury could find that the defendant was confronted with an emergency situation at the time of the accident. Under these circumstances, the defendant was entitled to a charge that, if the jury believed that his driver was faced with an emergency which he did not create, he is not to be held liable if he failed...

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