Almgren v. Fletcher

Giving the evidence in this record the consideration to which it is fairly entitled, we deem it insufficient, as a matter of law, to support the finding that petitioner was guilty of ‘ ‘ gross negligence ’ ’ in the operation of his motor vehicle, or that he operated it “ in a manner showing a reckless disregard for life or property of others ’ ’ within the meaning of paragraph (e) of subdivision 3 of section 71 of the Vehicle and Traffic Law. (Matter of Hart v. Mealey, 287 N. Y. 39; Matter of Jenson v. Fletcher, 277 App. Div. 454, affd. 303 N. Y. 639; People v. Angelo, 246 N. Y. 451.)

The…