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LEARN v. BICENTENNIAL WAGON TRAIN

86 A.D.2d 862 (1982)

Joan Learn et al., Appellants, v. Bicentennial Wagon Train, Respondent, and Norman Deep, Defendant and Third-Party Plaintiff-Respondent. Aitkin Kynette, Inc., et al., Third-Party Defendants-Respondents. (And Another Third-Party Action.)

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

February 16, 1982

Judgment affirmed, without costs or disbursements.

The rule set forth in Pfaffenbach v White Plains Express Corp. (17 N.Y.2d 132), permitting an inference of negligence solely from the fact that the defendant's motor vehicle went off the road causing damage, is not applicable in the case where a team of horses bolts and pulls its wagon off the road injuring a bystander.

Weinstein, J., dissents and votes...

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