Pohl v. Commercial Insurance of Newark

On the night of November 20, 1960 plaintiff’s brother was driving her motor vehicle with her permission, northerly on the New York State Thruway. A truck wheel and tire fell upon the vehicle, damaging the same. The operator of plaintiff’s vehicle suddenly saw the wheel and tire coming toward him from the west, about three feet above the ground. At the point where the incident occurred, the south bound lanes of the Thruway are a considerable distance to the west of the northbound lanes thereof. Between the north and southbound lanes, there is a mall of considerable width. The southbound lanes…