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HENNINGSEN v. CHENANGO VALLEY BUS LINES, INC.

202 A.D.2d 915 (1994)

609 N.Y.S.2d 433

John R. Henningsen et al., Appellants, v. Chenango Valley Bus Lines, Inc., et al., Respondents, et al., Defendant

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

March 24, 1994

We find that there is a reasonable view of the evidence that the actions taken by defendant Frederick E. Smith, Sr. were the product of a sudden, unexpected and unforeseeable occurrence not of his own making. As such, and viewing the proof in the light most favorable to Smith, it was appropriate for Supreme Court to charge the jury on the emergency doctrine. Although we realize that the existence of an emergency does not automatically...

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