Legal Opinion
Conca v. Cushman's Sons, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided October 24, 1950Published
1Opinion of the CourtCohn, J.
In this action to recover damages for personal injuries, the infant plaintiff testified that as he was alighting from the defendant’s truck it suddenly started without any warning, causing him to fall. He claims that he and two other boys were invited to ride on the truck by its operator.
The plaintiff’s story as to the happening of the accident was contradicted by William Bertrand, the driver of the truck. Bertrand admitted thát his vehicle was in the vicinity of the accident but denied that, to his knowledge, plaintiff or any other boys rode in it. He testified that he did not learn of the…
2Cases cited6 opinions
- Hull v. . LittauerNew York Court of Appeals · 1900
- St. Andrassy v. MooneyNew York Court of Appeals · 1933
- Der Ohannessian v. . ElliottNew York Court of Appeals · 1922
- Goldberg v. . Borden's Condensed Milk Co.New York Court of Appeals · 1920
- Goes v. Gifford Sales & Service, Inc.New York Court of Appeals · 1943
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