Legal Opinion
Montgomery v. Humphrey
Appellate Division of the Supreme Court of the State of New York
Decided July 8, 1954PublishedCited by 6 opinions
1Opinion of the CourtBergan, J.
The sudden and unexplained plunging of an automobile from a highway does not alone make out a case of negligence under the authority of Galbraith v. Busch (267 N. Y. 230); but the application of that case requires the happening of the accident to rest in a factual vacuum.
*366If the occurrence has added to it sufficient other ingredients from which a reasonable inference of the driver’s control of the event and a lack of care could be drawn, it is proper to allow the jury to deduce the inference. In the Galbraith case the automobile “ suddenly swerved from the highway and crashed into a tree ” and…
2Cases cited1 opinion
- Galbraith v. BuschNew York Court of Appeals · 1935
3Cited by6 opinions
- Evans v. S. J. Groves & Sons Co.Court of Appeals for the Second Circuit · 1963
- Lo Piccolo v. Knight of Rest Products Corp.Appellate Division of the Supreme Court of the State of New York · 1959
- The Greyhound Corporation v. The Salvation Army, Defendant-RespondentCourt of Appeals for the Second Circuit · 1958
- Abbie F. Evans, by Spencer J. Evans, the Duly Appointed and Acting Committee of Her Person and Property v. S. J. Groves & Sons Company (Incorporated State of Minnesota), Spencer J. Evans (A Resident of Oneida County, State of New York) v. S. J. Groves & Sons Company (Incorporated State of Minnesota)Court of Appeals for the Second Circuit · 1963
- Laukaitis v. KiktaNew York Supreme Court · 1959
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