Ashton v. J. J. Haggerty, Inc.

In a consolidated action to recover damages for injuries to person and property, the appeal is from a judgment dismissing the complaint at the close of plaintiff’s ease. Judgment reversed and new trial granted, with costs to appellant to abide the event. Appellant was driving his motor vehicle westerly on the State highway known as Montauk Highway or Route 27 in Easthampton at about 2:00 a.m. on February 16, 1951. At a place where the road curved to his left, he drove off the road to the right of the curve onto rough ground and, after riding a distance of about seventy-five feet on that rough…