# Meyer v. Whisnant

> New York Court of Appeals · July 14, 1954 · 307 N.Y. 369

URL: https://www.frixlaw.com/law-library/cases/5483265

## Case

- **Full name:** Maurice Meyer, Jr. v. Albert M. Whisnant, Jr.
- **Court:** New York Court of Appeals
- **Decided:** July 14, 1954
- **Citations:** 307 N.Y. 369; 121 N.E.2d 372
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Desmond
- **Judges:** Conwat, Desmond
- **Cited by:** 24 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5483265

## Opinion text

Desmond, J.
The dismissal of the complaints as against defendant-respondent Whisnant should be affirmed. The sudden, unanticipated and unexplained dash of the Bien car, across the highway and into Whisnant’s path, made him the helpless victim of what was, beyond any dispute, an emergency with the creation of which Whisnant had nothing to do. Such violations as Whisnant may have been guilty of were no proof of negligent causation by him, since there was no possible logical connection between any of them, and the accident (see Brown v. Shyne, 242 N. Y. 176, 180 ; Tedla v. Ellman, 280 N. Y. 124 ; Hagadorn v. Socony-Vacuum Oil Co., 298 N. Y. 882 ; Goldblatt v. Tabacco, 299 N. Y. 663 ; Restatement, Torts, § 286).
The judgment should be affirmed, with costs.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5483265. Public record. Not legal advice.