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SWENSSON v. NEW YORK, ALBANY DESP. CO.

309 N.Y. 497 (1956)

Kerstin Swensson, Appellant, v. New York, Albany Despatch Company, Inc., Defendant, and Ward La France Truck Corp., Respondent. Yolanda Trimboli, as Administratrix of The Estate of Anthony J. Trimboli, Deceased, Appellant, v. Ward La France Truck Corp., Respondent.

Court of Appeals of the State of New York.

Decided January 12, 1956

Attorney(s) appearing for the Case

Isadore B. Hurwitz and Solomon Feldman for Kerstin Swensson, appellant.

Bernard Meyerson, Solomon Z. Ferziger and Irving D. Josefsberg for Yolanda Trimboli, appellant.

John V. Downey, Luke A. Burke, Thomas F. Cohalan, Eugene J. Smith and John W. Collopy, Jr., for respondent.

CONWAY, Ch. J., DESMOND, FULD and BURKE, JJ., concur with FROESSEL, J.; VAN VOORHIS, J., dissents and votes to affirm upon the ground that there is no evidence that the accident was caused by a defective brake drum; DYE, J., taking no part.

FROESSEL, J.

Plaintiffs in these consolidated actions have recovered a judgment against defendant Ward La France Truck Corp., hereinafter called Ward. The Appellate Division by a divided court has reversed the judgment and dismissed the complaints, two of the Justices voting for a new trial. The majority noted that, if they were not dismissing the complaints, they too would have granted a new trial upon the ground...

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