Canner v. Argo Schildknecht Lumber Co.

Appellate Division of the Supreme Court of New York

Canner v. Argo Schildknecht Lumber Co.

15 A.D.2d 669, 223 N.Y.S.2d 934, 1962 N.Y. App. Div. LEXIS 11916

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

DecidedJanuary 22, 1962

StatusPublished

This text of 15 A.D.2d 669 (Canner v. Argo Schildknecht Lumber Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Canner v. Argo Schildknecht Lumber Co., 15 A.D.2d 669, 223 N.Y.S.2d 934, 1962 N.Y. App. Div. LEXIS 11916 (N.Y. Ct. App. 1962).

Pincite

Opinion

The defendant Mehltreiter, who was operating a loaded lumber truck owned by the defendant lumber company, requested the plaintiff wife to remove her automobile from her driveway so that he could park the truck thereon and unload it. She did so and parked at the curb, remaining seated in the car. Defendant Mehltreiter then commenced to back the truck onto the driveway. While so doing, he caused the truck to strike and damage the parked car and to injure the plaintiff wife. On this record no triable issue of fact as to liability has been presented. Beldoek, P. J., Christ, Hill, Rabin and Hopkins, JJ., concur.

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The defendant Mehltreiter, who was operating a loaded lumber truck owned by the defendant lumber company, requested the plaintiff wife to remove her automobile from her driveway so that he could park the truck thereon and unload it. She did so and parked at the curb, remaining seated in the car. Defendant Mehltreiter then commenced to back the truck onto the driveway. While so doing, he caused the truck to strike and damage the parked car and to injure the plaintiff wife. On this record no triable issue of fact as to liability has been presented. Beldoek, P. J., Christ, Hill, Rabin and Hopkins, JJ., concur.

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Bluebook (online)

15 A.D.2d 669, 223 N.Y.S.2d 934, 1962 N.Y. App. Div. LEXIS 11916, Counsel Stack Legal Research, https://law.counselstack.com/opinion/canner-v-argo-schildknecht-lumber-co-nyappdiv-1962.