Rentar Trucking, Inc. v. E. J. Korvette Division of Spartans Industries, Inc.

Appellate Division of the Supreme Court of New York

Rentar Trucking, Inc. v. E. J. Korvette Division of Spartans Industries, Inc.

35 A.D.2d 936, 316 N.Y.S.2d 519, 1970 N.Y. App. Div. LEXIS 3182

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

DecidedDecember 15, 1970

StatusPublished

This text of 35 A.D.2d 936 (Rentar Trucking, Inc. v. E. J. Korvette Division of Spartans Industries, 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.

Bluebook

Rentar Trucking, Inc. v. E. J. Korvette Division of Spartans Industries, Inc., 35 A.D.2d 936, 316 N.Y.S.2d 519, 1970 N.Y. App. Div. LEXIS 3182 (N.Y. Ct. App. 1970).

Pincite

Opinion

Concur—Capozzoli, J. P., McGivern, McNally and Tilzer, JJ. [937]*937and Tilzer, JJ.; Hunez, J., dissents in the following memorandum: The Trial Justice submitted the issues to the jury in a comprehensive and flawless charge. Implicit in its verdict against defendant Poirier & McLane Corp. were findings of negligence in failing to place warning signs indicating that the highway was used for pedestrian traffic at an opening created by it. Likewise, by its verdict in his favor, the jury absolved plaintiff of contributory negligence. There is ample evidence to sustain the verdict. That Poirier & McLane created the openings in the barricade is not denied; that

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Concur—Capozzoli, J. P., McGivern, McNally and Tilzer, JJ. [937]*937and Tilzer, JJ.; Hunez, J., dissents in the following memorandum: The Trial Justice submitted the issues to the jury in a comprehensive and flawless charge. Implicit in its verdict against defendant Poirier & McLane Corp. were findings of negligence in failing to place warning signs indicating that the highway was used for pedestrian traffic at an opening created by it. Likewise, by its verdict in his favor, the jury absolved plaintiff of contributory negligence. There is ample evidence to sustain the verdict. That Poirier & McLane created the openings in the barricade is not denied; that

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Bluebook (online)

35 A.D.2d 936, 316 N.Y.S.2d 519, 1970 N.Y. App. Div. LEXIS 3182, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rentar-trucking-inc-v-e-j-korvette-division-of-spartans-industries-nyappdiv-1970.