McDONALD v. CARPENTER


276 A.D. 791 (1949)

Lawrence McDonald, Respondent, v. Leonard Carpenter et al., Individually and as Copartners Doing Business under the Name of Carpenter & Adams, et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 16, 1949.


The action is in negligence. On September 1, 1948, plaintiff was employed by a construction company. This company was building a road in Clinton County. The road extends in an easterly and westerly direction. The north side of the highway was closed to traffic. Plaintiff contends that while he was in the performance of his duties on the northerly side of this road a Dodge automobile truck owned by defendants Carpenter and Adams and...

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