Legal Opinion

Hernigle v. Macduff

New York Court of Appeals

Decided June 4, 1953PublishedCited by 6 opinions

1Per curiam

Upon this record it may be properly concluded that the accident which occurred when respondent’s automobile veered to the wrong side of the road was causally related to respondent’s drowsy condition and that, sufficiently in advance of the accident to stop, respondent realized that he was in a state of drowsiness or in danger of dozing. That, we think, is a sufficient basis for an administrative determination that respondent had operated his automobile “ in a manner showing a reckless disregard for life or property of others * * *.” (Vehicle and Traffic Law, § 71, subd. 3, par. [e]; Matter of…

2Cases cited1 opinion

  1. Matter of Cohn v. FletcherNew York Court of Appeals · 1948

3Cited by6 opinions

  1. Motor Vehicle Administration v. MohlerCourt of Appeals of Maryland · 1990
  2. Martin v. KoehlerNew York District Court · 1963
  3. Dery v. KellyAppellate Division of the Supreme Court of the State of New York · 1956
  4. Kenny v. Commissioner of New York State Department of Motor VehiclesAppellate Division of the Supreme Court of the State of New York · 2013
  5. Kenny v. Commissioner of New York State Department of Motor VehiclesAppellate Division of the Supreme Court of the State of New York · 2013

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