Legal Opinion

Claim of Moss v. P. A. Trucking Co.

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

Decided October 20, 1954PublishedCited by 5 opinions

1Opinion of the CourtBergan, J.

Decedent Moss was employed as driver of a truck making grocery deliveries from New York City to resorts in Sullivan County. He had made two deliveries late in the day on May 19, 1949, one in G-lenwild and one at South Fallsburgh. At nine o’clock at night he telephoned his employer from Liberty for instructions. The next delivery was to be made at Livingston Manor, which is situated west of Liberty.

The employer instructed Moss to “ pack in ” for the night. This is described to us as meaning that he was to find a place to sleep in the truck off: the road. At about 2:40 a.m. the truck was in a…

2Cited by5 opinions

  1. Rockwood Casualty Insurance v. Uninsured Employers' FundCourt of Appeals of Maryland · 2005
  2. Claim of Bogliolo v. Advocate, Inc.Appellate Division of the Supreme Court of the State of New York · 1969
  3. Claim of Lorer v. Gotham Concrete & Cement Finish Corp.Appellate Division of the Supreme Court of the State of New York · 1959
  4. Claim of Ward v. Red Star Express Lines of Auburn, Inc.Appellate Division of the Supreme Court of the State of New York · 1955
  5. Claim of Whiteside v. GolinelloAppellate Division of the Supreme Court of the State of New York · 1969

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