George W. Brown, Inc. v. Pipe Welding Supply, Inc.

Appeal by plaintiff from a judgment, entered upon a verdict, which dismissed the complaint in an action to recover for damages to plaintff’s trailer and its cargo by reason of the alleged negligence of defendant in the operation of its vehicle, whereby the latter collided with a tractor, owned by one Kunkle and operated by Kunkle’s employee, which was towing plaintiff’s trailer. Specifically upon the basis of section 59-a of the Vehicle and Traffic Law (now § 388, subd. 1, in part), the trial court charged that any negligence on the part of the driver in the operation of the tractor to which…