Provenzo v. Sam

On January 18, 1964 at approximately 6:00 p.m. the plaintiff was operating his pickup truck, in which his wife was a passenger, in a westerly direction along Lake Shore Drive, in the City of Dunkirk. The plaintiff observed the automobile directly in front of him (thereafter identified as being owned by respondent) begin to swerve back and forth on the highway. At this point, plaintiff remarked to his wife: “ This person must be sick, must have had a heart attack ’ ’. The automobile then continued on its wayward course, hitting a parked car, crossing the highway, colliding with a house and…