Legal Opinion

Hemingway Bros. Interstate Trucking Co. v. McLeod

Appellate Division of the Supreme Court of the State of New York

Decided December 17, 1964PublishedCited by 2 opinions

1Opinion of the CourtWitmer, J.

On this appeal from a judgment of July 31, 1963 nonsuiting the plaintiffs and dismissing their complaint at the end of their case the court is again confronted with the question of the sufficiency of plaintiffs’ evidence to make a prima facie case as to the defendant’s negligence when his skidding automobile damaged another vehicle and the plaintiff *300driver thereof. We hold that plaintiffs proved a prima facie case; and that the court erred in granting the nonsuit.

On November 18, 1957 at 7:15 p.m. plaintiff Freeman was driving a tractor (which generally, but not at this time, was part of a…

2Cases cited4 opinions

  1. Galbraith v. BuschNew York Court of Appeals · 1935
  2. Lahr v. TirrillNew York Court of Appeals · 1937
  3. Cole v. SwaglerNew York Court of Appeals · 1955
  4. DiSalvo v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1938

3Cited by2 opinions

  1. Lopez v. Consolidated Edison Co.Appellate Division of the Supreme Court of the State of New York · 2007
  2. Voleshen v. ColesAppellate Division of the Supreme Court of the State of New York · 1978

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