Gaul v. Noiva

At about 9 o’clock in the morning of August 3, 1959, the plaintiff and the defendant were the sole occupants of an automobile which was being operated southerly on route 12 from Norwich toward Croton. Although the day was clear and sunny and the road was dry and in good condition, the car, which was only about a year old, left the southbound lane, continued off the east (its left) side of the road, traveled down a five- or six-foot embankment and for a distance of about 150 feet over rough terrain, struck a tree, and burst into flames. The car was a total wreck. In this action, the plaintiff…