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AETNA CAS. & SUR. CO. v. CITY OF NEW YORK

5 Misc.2d 110 (1956)

Aetna Casualty & Surety Company, Plaintiff, v. City of New York, Defendant.

Supreme Court, Trial Term, Kings County.

December 6, 1956.

Attorney(s) appearing for the Case

William A. Hyman for plaintiff.

Peter Campbell Brown, Corporation Counsel (Michael Leiter of counsel), for defendant.

JAMES S. BROWN, J.

This case was tried by the court without a jury. One Irving (Isadore) Becker, a truck driver's helper, was killed on October 15, 1952 while riding on top of a load of boxes on an open truck of his employer. As this truck was proceeding easterly along St. Marks Avenue near Franklin Avenue, Brooklyn, the decedent's head came in contact with the bridge which crosses St. Marks Avenue from north...

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