Lipshitz v. Sloan

Appeal from an order of the Supreme Court, Broome County, setting aside a verdict for defendant and directing a new trial. Plaintiff was driving a three-wheeled service motorcycle in an easterly direction on Court Street in Binghamton at the rate of fifteen miles an hour. Defendant was following him in a Ford automobile at the same speed and about fifteen feet behind him. Portions of the street were under construction, and at the place the two vehicles were traveling the pavement was bumpy. Plaintiff turned to his left to pass around a pile of dirt on the road and then turned back to his…