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Albert H. Francis, Respondent, v. Albert Gaffey, Appellant

New York Court of Appeals1914-04-14
211 N.Y. 47

Authorities cited

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Opinion

majority opinion

Willard Bartlett, Ch. J.

The plaintiff, while riding on his motorcycle at a speed of twenty-five to twenty-eight miles an hour, struck a loose stone as big as his head lying in a country highway and was injured. There were a number of stones of like size at the place of the accident, variously estimated by the plaintiff’s witnesses at from