254 A.D. 886 | N.Y. App. Div. | 1938
'Action for damages for personal injuries. Plaintiff was struck by a metal tire cover while standing on a sidewalk alongside of a parked car, as a consequence of that parked car’s being struck by an automobile owned and controlled by the corporate defendant and operated by the individual defendant, knocking a metal tire cover on the parked ear through the air and striking the plaintiff. Judgment for the plaintiff unanimously affirmed, with costs. The facts justified the jury in finding that the corporate defendant’s operator was proceeding at a rate of twenty-two or more miles an hour, on a wet, slippery roadbed, and that while going at that speed he made a turn to change the course of the car, which turn, at such speed and under the road conditions then prevailing, was the negligent cause of the corporate defendant’s ear skidding into and striking the parked car from which the metal tire cover was knocked through the air. Such a finding of negligence is not predicated upon anything that relates to the use of brakes. The jury were free to find that an attempted change of the course of the car under the road conditions then prevailing should not have been made at the speed at which the car was being driven. Moreover, the operator’s testimony