TOWLEY v. KING ARTHUR RINGS


40 N.Y.2d 129 (1976)

Jan Towley, an Infant, by Her Father and Natural Guardian, Warren Towley, et al., Appellants, v. King Arthur Rings, Inc., et al., Respondents.

Court of Appeals of the State of New York.

Decided June 15, 1976.


Attorney(s) appearing for the Case

Robert M. Ginsberg and Roger Bennet Adler for appellants.

William F. Larkin for respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES and WACHTLER concur; Judge FUCHSBERG taking no part.


COOKE, J.

Plaintiff Jan Towley, a resident of Iowa, met defendant Mitchell Altman, a resident of New York, in Colorado where both were vacationing. On July 27, 1971, Altman, with Jan Towley and three others as passengers, was operating a 1971 Chevrolet, in the Boulder, Colorado, area, downgrade along a curving mountain two-lane road. Although the speed limit in the vicinity varied from 25 to 40 miles per hour...

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