Kraus v. Ford Motor Co.

Order unanimously modified in accordance with the memorandum and as so modified affirmed, without costs. Memorandum: In this negligence action for damages for wrongful death of plaintiff’s intestate while a passenger in a 1969 Ford automobile which allegedly because of its defects left the highway and crashed, resulting in injury and death of plaintiff’s intestate, it appears that directly after the accident certain parts of the automobile, particularly the rear axle bearing and wheel assembly, were delivered to the Buffalo Testing Laboratory in behalf of the plaintiff and were tested by that…