The Delaware Avenue Crash

At approximately 3:30 PM on March 14, 1955, a bright, sunny afternoon, the Defendant was driving alone northbound on Delaware Avenue in Buffalo, New York. Without warning, his car swerved sharply to the left, crossed the center line, then veered hard right, mounted the easterly sidewalk beneath an Erie Railroad viaduct at estimated speeds of 50 to 60 mph, and struck four children who had been walking on the sidewalk — killing all four. The Defendant was taken to Meyer Memorial Hospital where, in the course of medical examination, he disclosed to the doctor that he had a history of epileptic seizures. The doctor diagnosed him with Jacksonian epilepsy and concluded he had suffered a seizure at the time of the crash. The Defendant was charged with criminal negligence in the operation of a motor vehicle while knowing he was subject to epileptic attacks rendering him likely to lose consciousness. His physician had advised him not to drive. He had disregarded that advice. The indictment alleged he was "culpably negligent in operating a motor vehicle, knowing at the time that he was subject to epileptic attacks or other disorder rendering him likely to lose consciousness for a considerable period of time."