OVERBAUGH v. EMORY TRANSP. CO.


1 A.D.2d 729 (1955)

Rose A. Overbaugh, Respondent, v. Emory Transportation Co. et al., Appellants

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

December 23, 1955


The action was brought to recover for personal injuries sustained by the plaintiff who, while a passenger in a car owned and operated by her husband, was injured as a result of a collision between her husband's car and a tractor-trailer owned and operated by the defendants. Earlier in the day, the driver of the tractor-trailer had had minor engine trouble. He reported this by telephone and then continued to drive at normal speed toward his destination until, by arrangement...

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