Sammak v. Lehigh Valley R.R. Co.

The opinion of the court was delivered by

Wells, J.

This appeal is from a judgment of the Supreme Court affirming a judgment of the First District Court of Jersey City in favor of the plaintiff-respondent (hereinafter called the plaintiff) and against the defendants-appellants (hereinafter called the defendant).

It appears from the stipulations of facts and testimony that the plaintiff’s automobile was being driven at a reasonable rate of speed, at three-thirty A. M., when it was misty and foggy, along a public highway in the village of Waverly and State of New York, and that the said automobile…