Conca v. Cushman's Sons, Inc.
This text of 269 A.D. 814 (Conca v. Cushman's Sons, Inc.) 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.
Opinion
The defendant should have been permitted to establish instructions to its truck driver not to allow other persons to ride on the truck. For the exclusion of such evidence the judgment must be reversed and a new trial ordered (Psota v. Long Island R. R. Co., 246 N. Y. 388; Goldberg v. Borden’s Condensed Milk Co., 227 N. Y. 345).
The judgment should be reversed and a new trial ordered, with costs to the appellant to abide the event.
Martin, P. J., Glerinon, Untermyer, Cohn and Callahan, JJ., concur.
Judgment unanimously reversed and a new trial ordered, with costs to the appellant to abide the event.
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Cite This Page — Counsel Stack
269 A.D. 814, 55 N.Y.S.2d 481, 1945 N.Y. App. Div. LEXIS 3977, Counsel Stack Legal Research, https://law.counselstack.com/opinion/conca-v-cushmans-sons-inc-nyappdiv-1945.