Thorsen v. Metzgar

Heffernan, J. P.

These actions were brought to recover damages for bodily injuries, sustained by plaintiff, Petra Thorsen, and for consequential loss sustained by her husband, the coplaintiff, Thomas Thorsen.

The actions were discontinued against defendant, Thelma F. Metzgar, and dismissed against the defendant, Galutz. ■ The cases proceeded to trial solely against the defendants, The Texas Company and Gamillo.

On October 2,1945, while plaintiff, Petra Thorsen, was traveling on the public sidewalk in the city of Cortland, contiguous to a gasoline station which was operated under a sublease from…