Claim of Shannon v. American Can Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtBergan, J.
The sweeping, and negative, presumption of the New York statute that an industrial accident does “ not result solely ” from intoxication has not yet been tested on appeal in its application to a clear-cut case of the drunken driver of a vehicle. This appeal brings up such a case.
The decedent, driving a heavy tractor-trailer truck, made a left turn from 23rd Street northerly into 3rd Avenue in Brooklyn. He had entered the intersection slowly; the traffic-control signal light was in his favor. The turn made was a wide one, but having gotten in 3rd Avenue his course was “ orderly ”, in the…
2Cases cited8 opinions
- Matter of Shearer v. Niagara Falls Power Co.New York Court of Appeals · 1926
- Matter of Shearer v. Niagara Falls Power Co.New York Court of Appeals · 1927
- Claim of McKenna v. Atlas Contractors Equipment Corp.New York Court of Appeals · 1950
- Claim of Brynildsen v. Mt. Vernon Novelty Curtain Co.Appellate Division of the Supreme Court of the State of New York · 1933
- Claim of Landrum v. Congress Motor Corp.New York Court of Appeals · 1950
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Post v. Tennessee Products & Chemical Corp.Appellate Division of the Supreme Court of the State of New York · 1963
- Claim of Calka v. Mamaroneck Lodge BPOEAppellate Division of the Supreme Court of the State of New York · 1955
- Claim of Cliff v. Dover Motors, Inc.Appellate Division of the Supreme Court of the State of New York · 1960
- Claim of Cliff v. Dover Motors, Inc.Appellate Division of the Supreme Court of the State of New York · 1960
- Claim of Fonze v. Stuyvesant Oil Burner Corp.Appellate Division of the Supreme Court of the State of New York · 1960
6 more not listed; retrieve them via the Exa API.