Celani v. Interstate Motor Freight Systems, Inc.

Judgment unanimously reversed on the law and facts and new trial granted, with costs to appellants to abide the event. Memorandum: Defendants Interstate Motor Freight System and International Harvester Co. appeal from a judgment of Erie Trial Term which awarded damages to plaintiffs for injuries sustained by them when a trailer tractor owned by defendant Interstate Motor and operated by an employee of defendant International Harvester collided with an automobile occupied by the respective plaintiffs. The verdicts rest upon a finding implied therein that International Harvester employee…