NAPPI v. FALCON TRUCK RENTING CORP.


286 A.D. 123 (1955)

Philip Nappi, Appellant, v. Falcon Truck Renting Corp., Respondent

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

June 7, 1955.


Attorney(s) appearing for the Case

Herbert L. Fine of counsel (Milton Morgenstern, attorney), for appellant.

James M. Gilleran of counsel (John J. O'Connor, attorney), for respondent.

PECK, P. J., BOTEIN and RABIN, JJ., concur with COHN, J.; BASTOW, J., dissents and votes to reverse and grant a new trial, in opinion.


COHN, J.

Plaintiff, employed as a truck driver, brings this action against defendant, a truck renting corporation, for personal injuries sustained by plaintiff during the course of his employment. The truck had been rented from defendant by plaintiff's employer. From a judgment entered in favor of defendant upon a unanimous verdict of a jury, plaintiff appeals.

The accident complained of occurred while...

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