Lo Piccolo v. Knight of Rest Products Corp.

Bergan, J. (dissenting).

Although defendant gave no proof of the manner of occurrence of the accident, it did not happen in a factual vacuum; and there are enough facts in the record fairly to sustain a finding of negligence without resting the case entirely on pure inference that its naked occurrence alone imputed negligence.

It is fair to infer that the undue speed of defendant’s truck in view of the surface and traffic conditions on Manhattan Bridge at the time of the accident was an element in the occurrence. The plaintiffs’ vehicle was traveling in the lane on its farthest right in the…