Opinion
January 26, 1960
Judgment 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.