Stegmeier v. Weglarski — 28 A.D.2d 1087

Majority

p. 1087

Matilda Stegmeier, Individually and as Administratrix of the Estate of Edward Stegmeier, Deceased, Respondent, v. Florence Weglarski et al., Appellants.

Memorandum: There was no negligence proved against defendant Smith. He, having found himself confronted with an emergency not of his own creation in whole or in part, exercised reasonable prudence and judgment under the circumstances. (Appeal from judgment of Erie Trial Term in automobile negligence action.) Present — Williams, P. J., Bastow, Henry and Del Yecchio, JJ.