Legal Opinion
Accelerated Trucking Corp. v. McLean Trucking Co.
Civil Court of the City of New York
Decided January 4, 1967PublishedCited by 1 opinion
1Opinion of the CourtArnold L. Fein, J.
Plaintiff’s motor vehicle was damaged on October 26, 1961, because of alleged negligence in the “ operation, maintenance and control ” of a truck owned by defendant Hertz and leased to and operated by defendant McLean. McLean pleaded a ‘ ‘ Cross-complaint against Hertz Corporation for breach of leasing agreement”. Plaintiff, relying on the doctrine of res ipsa, proved that while the Hertz truck was being driven by McLean’s driver the body fell off the truck chassis onto plaintiff’s properly parked vehicle. Plaintiff’s only other proof was expert testimony as to the cost of repair. Defendants’…
2Cases cited11 opinions
- MacPherson v. . Buick Motor Co.New York Court of Appeals · 1916
- Thompson-Starrett Co. v. Otis Elevator Co.New York Court of Appeals · 1936
- Yarbrough v. Ball U-Drive SystemSupreme Court of Florida · 1950
- Hoisting Engine Sales Co. v. . HartNew York Court of Appeals · 1923
- La Rocca v. FarringtonNew York Court of Appeals · 1950
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3Cited by1 opinion
- Sullivan v. SpandauAppellate Division of the Supreme Court of the State of New York · 1992