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FAIRCHILD v. CERVI BROS. TRUCKING CO.

1 A.D.2d 508 (1956)

Raymond J. Fairchild, as Administrator of The Estate of Karol A. Fairchild, Deceased, Respondent, v. Cervi Bros. Trucking Co. et al., Appellants, et al., Defendant. (Action No. 1.) Ethel Smith, an Infant, by Her Guardian ad Litem, Helen Pavia, Respondent, v. John Cervi et al., Copartners Doing Business as Cervi Bros. Trucking Co., et al., Appellants, et al., Defendant. (Action No. 2.) Ronald G. Powles, Respondent, v. John Cervi et al., Copartners Doing Business as Cervi Bros. Trucking Co., Appellants, et al., Defendant. (Action No. 3.) Mulford De Forest, as Administrator of The Estate of David H. De Forest, Deceased, Respondent, v. John Cervi et al., Individually and Doing Business under the Name of Cervi Bros. Trucking Co., et al., Appellants. (Action No. 4.) Lucille A. Tysse, Respondent, v. John Cervi et al., Copartners Doing Business as Cervi Bros. Trucking Co., Appellants, et al., Defendant. (Action No. 5.) John Tysse, Respondent, v. John Cervi et al., Copartners Doing Business under the Name of Cervi Bros. Trucking Co., Appellants, et al., Defendant. (Action No. 6.)

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

May 10, 1956.

Attorney(s) appearing for the Case

Paul F. Donohue for appellants.

Amedeo H. Volpe for respondent in Action No. 1.

Christian X. Kouray and Athena C. Kouray for respondent in Action No. 2.

James A. Leary, Walter A. Fullerton, Charles W. Aussicker and Francis J. Keehan for respondent in Action No. 3.

John B. Lurie for respondent in Action No. 4.

G. Bradley Anderson for respondents in Actions No. 5 and No. 6.

FOSTER, P. J., BERGAN, COON and GIBSON, JJ., concur.

HALPERN, J.

On September 12, 1952, a head-on collision occurred on Route 20, near Canandaigua, New York, between a tractor-trailer, owned by the appellant Cervi Bros. Trucking Co. and operated by the appellant Roberts, and a passenger automobile owned by George Powles and operated by David de Forest.

Riding in the automobile as passengers were Ronald Powles, the...

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