Klauber v. Jackson

Plaintiff, a guest in defendant’s automobile, sues for injuries received when the vehicle turned over. The accident occurred at an early hour in the morning on a country road. The road was *739not familiar to the plaintiff. The car had been proceeding at a rate, according to the plaintiff, of thirty miles per hour, which is not an excessive rate. (Highway Law, § 287.) Defendant proceeded down a long slope at that rate of speed and midway of the hill found a car stalled in the center of the road. He passed to the left of that vehicle, and in attempting to regain the crown of the road his car…