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BLASZYK v. EASTERN AUTO FORWARDING CO.

Nos. 176, 177.

134 F.2d 600 (1943)

BLASZYK v. EASTERN AUTO FORWARDING CO., Inc., et al. KLOSTERMAN v. SAME.

Circuit Court of Appeals, Second Circuit.

March 16, 1943.

Attorney(s) appearing for the Case

David B. Sugarman, of Syracuse, N. Y. (Arthur W. Burrows, of Syracuse, N. Y., on the brief), for appellants.

James C. Tormey, of Syracuse, N. Y. (Higgins, Tormey, O'Hara & Young, of Syracuse, N. Y., on the brief), for appellees.

Before SWAN, AUGUSTUS N. HAND, and CLARK, Circuit Judges.

CLARK, Circuit Judge.

One wintry night on a snow-blanketed, three-lane highway between Geneva and Canandaigua, New York, a truck, owned by the Transport Carrier Service, Inc., and operated for Eastern Auto Forwarding Company, Inc., by Dominick Zummo, suddenly swerved into the right of way of an oncoming truck, operated by Robert Blaszyk. There was a devastating collision, both drivers were killed, and John F. Klosterman, a sleeping shift driver in Blaszyk's truck...

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