Lipari v. Bush Terminal Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Bush Terminal Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 20th day of February, 1920, upon the verdict of a jury for $2,500, and also from an order entered in said clerk’s office on the 18th day of February, 1920, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Kelly, J.:
On April 3, 1917, the defendant’s five-and-one-half-ton open automobile truck, fully loaded with merchandise, went from Brooklyn to Manhattan to make deliveries. Before leaving Brooklyn two cases were loaded on the tail end of the truck, swinging on the back. Each case weighed 820 pounds; they were loaded side by side, with a space of a couple of inches between them. As loaded, each case projected half its width out over the end of the floor of the truck, and they were held in place by a rope extending across the back of the cases and fastened to stanchions on each side of the truck.
2Cases cited3 opinions
- Marks v. Rochester Railway Co.New York Court of Appeals · 1895
- Geibel v. ElwellAppellate Division of the Supreme Court of the State of New York · 1897
- Cannon v. FargoAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by4 opinions
- Manifold v. United States Trucking Corp.Appellate Division of the Supreme Court of the State of New York · 1924
- Bloss v. Pure Oil Co.New York Supreme Court · 1929
- Buchalski v. KramerAppellate Division of the Supreme Court of the State of New York · 1935
- Rice v. IsbellNew York Supreme Court · 1947