Malaspina v. Gilbert

Appeal from judgment entered in the Ulster County Court in favor of the plaintiff and awarding damages against the defendants in an automobile negligence ease. The accident happened on April 15, 1957 while the decedent was riding his bicycle along the right side of the road on Route 28 in the Town of Olive, Ulster County. The defendant driver Stephanie W. Gilbert was operating the automobile of the defendant Harold Brooks Gilbert in the same direction as the decedent and in attempting to pass the bicycle without having blown a horn and at an approximate speed of 45 miles an hour, there was a…