Kaplan Trucking Company v. Shirley Lavine

STEWART, Circuit Judge.

The appellee was injured in a collision between an automobile in which she was a passenger and a truck being driven by Milton Fotta, an employee of the truck’s owner, John Mogielski. At the time of the collision, December 31, 1953, Mogiel-ski had leased the truck to the appellant, Kaplan Trucking Company. This appeal is from a judgment entered upon a jury verdict in favor of the appellee.

Neither the validity of the lease, the negligence of Fotta, nor the amount of the judgment are here in question. The appellant Kaplan challenges solely the finding that at the time of…