Opinion
Argued October 5, 1961
Decided October 19, 1961
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, CLARENCE H. BRISCO, J.
W. Earle Costello for appellant.
Robert H. Cole for respondent.
Judgment affirmed, with costs. We do not approve the practice in negligence cases of charging section 1190 of the Vehicle and Traffic Law unless the proof fairly indicates that something more than ordinary negligence is involved. However, in the present case we do not consider that the court's instructions as to this section were prejudicial error. No opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER.