Appellate Division of the Supreme Court of the State of New York June 15, 1935 (Walsh v. Morris)

Plaintiff was a guest in defendant’s automobile which was being driven at a moderate rate of speed along a wet and slushy pavement. After the defendant had passed a truck and had pulled back upon his right side of the road, the car skidded first in one direction, then the other, finally left the pavement and overturned.