Pfaffenbach v. White Plains Express Corp.

Plaintiff was riding as a passenger in an automobile proceeding northerly on Route 117 near Mount Kisco. It was raining or snowing; there was slush on the road surface and it was slippery. A truck of defendant White Plains Express Corp., moving southerly on the road, came over into the northbound lane and struck the car in which plaintiff was riding. Plaintiff was injured.

Defendant at the trial gave no explanation for the accident, offered no proof on the issue of negligence, and the jury found a verdict for plaintiff. The Appellate Division by a divided *135court reversed the judgment on the law…