Harriet Rossman v. Joseph La Grega

[28 N.Y.2d 300 Page 302] Decedent Samuel Rossman and defendant Tobias Cohen worked together. On the night of January 21, 1965 Cohen undertook to
drive Rossman home in the car owned by his wife, defendant Helen Cohen. On the eastbound side of the Prospect Expressway in
Brooklyn the car had a flat tire. There were at that point three eastbound lanes. Cohen drove the car to the extreme right
lane and stopped at the shoulder but did not mount the four- to five-inch rounded curb to get on the shoulder which was about
eight feet, eight inches wide and used for parking disabled cars. Cohen left the car where he stopped it at the curb in the
right lane. It was dark; the weather was clear.