¶1Judgment unanimously reversed on the law and on the facts and the complaint dismissed, with costs. The plaintiff has failed to establish a cause of action. Under the circumstances, the consequences of the alleged acts of the driver were not reasonably foreseeable. Lacking this essential element of actionable negligence, the judgment will not be permitted to stand. Concur — Rabin, J. P., M. M. Frank, Valente, McNally and Stevens, JJ.
10 A.D.2d 568
Walton v. Doyle
Appellate Division of the Supreme Court of the State of New York
Decided January 26, 1960
Appellate Division of the Supreme Court of the State of New York · decided 1960-01-26
Decided 1960-01-26