Farb v. Borsuk

In this action tried without a jury, for damages for the alleged negligence of the defendants, ownership, operation and control of the respective motor vehicles involved in the accident are conceded. At the time of the accident plaintiff was operating his 1951 Pontiac, two-door sedan; defendant Borsuk was driving the truck of defendant owner Kollor, who was a passenger seated alongside him.

The proof establishes that on October 28, 1952, at approximately 11:30 p.m., plaintiff was proceeding at a moderate rate of speed along Route 23, approximately one-half mile west of the Rip Van Winkle…