Legal Opinion

Galbraith v. Busch

New York Court of Appeals

Decided April 1, 1935PublishedCited by 170 opinions

1Opinion of the CourtLehman, J.

The plaintiff was injured while a guest in an automobile owned by her daughter, the defendant Sarah M. Galbraith, and operated under her direction by the defendant Busch. The automobile suddenly swerved from the highway and crashed into a tree. The evidence fails to show any cause for the sudden swerve. The weather was clear, the highway was in good condition, and there was little traffic upon it. The trial judge ruled that the mere fact that the car left the highway under these circumstances raised a presumption of negligence on the part of the driver and that it was the duty of the…

2Cases cited2 opinions

  1. Higgins v. MasonNew York Court of Appeals · 1930
  2. Slater v. BarnesNew York Court of Appeals · 1925

3Cited by170 opinions

  1. Pfaffenbach v. White Plains Express Corp.New York Court of Appeals · 1966
  2. Lahr v. TirrillNew York Court of Appeals · 1937
  3. Abbott v. Page Airways, Inc.New York Court of Appeals · 1969
  4. De Witt Properties, Inc. v. City of New YorkNew York Court of Appeals · 1978
  5. Nichols v. NoldSupreme Court of Kansas · 1953

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