SWITZER v. ALDRICH


281 A.D. 730 (1952)

Frances E. Switzer, Individually and as Administratrix of The Estate of Charles Switzer, Deceased, Appellant-Respondent, v. Lester Aldrich, Appellant, and Warren Stiker, Respondent

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

December 30, 1952.


The plaintiff's intestate was killed on November 24, 1950, as the result of being struck by an automobile truck owned and operated by the defendant Aldrich. The proof justified the inference by the jury that the defendant Aldrich had failed to maintain a proper lookout and had negligently driven off the highway onto the shoulder of the road where the intestate and his companions were standing. The issue of contributory negligence was also for the jury. The defendant Stiker...

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