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MONTGOMERY v. HUMPHREY

284 A.D. 365 (1954)

William Montgomery, Respondent, v. Sarah C. Humphrey et al., as Executors of Morris Samter, Deceased, Appellants Sarah C. Humphrey, Respondent, v. Sarah C. Humphrey et al., as Executors of Morris Samter, Deceased, Appellants Emily Montgomery, Respondent, v. Sarah C. Humphrey et al., as Executors of Morris Samter, Deceased, Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 8, 1954.

Attorney(s) appearing for the Case

Charles W. Jenkins and Henry Hirschberg for appellants.

N. Le Van Haver for respondents.

FOSTER, P. J., COON, HALPERN and IMRIE, JJ., concur.

BERGAN, 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.

If the occurrence has added to it sufficient other ingredients from which a reasonable inference of the driver's control...

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