Newkerk v. Santore

This is a motion made in an action for wrongful death arising out of a collision between an automobile and a tractor-trailer, as a result of which one Burton Newkerk died on May 18, 1953. Deceased at the time of the collision was riding as a passenger in the automobile owned and operated by defendant Santore; defendant Chappell was the operator of the tractor-trailer unit, the tractor being owned by defendants Sands and Heath and the trailer by defendant Maislin Transport, Inc.

The action was tried by the court with a jury at the September, 1953, Trial Term of Supreme Court for Seneca County…