LA TANT v. STARK


3 A.D.2d 94 (1956)

Marjorie La Tant, Respondent, v. Thomas Stark et al., Appellants

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

December 20, 1956.


Attorney(s) appearing for the Case

George B. Smith for Clinton Davison, as executor of Angus H. Davison, deceased, appellant.

Harry J. Kelly and John L. Barrett for Thomas Stark and others, appellants.

E. Stewart Jones, David E. Lider and Arthur L. Rosen for respondent.

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


GIBSON, J.

Plaintiff has recovered for injuries sustained when an automobile operated by decedent Davison and in which she was a passenger collided with a mobile crane owned by defendant Central Steel Erecting Company, Inc. (hereinafter termed "Erecting Co."), and operated by defendant Stark.

The issue as to the negligence of the defendants Stark and Erecting Co. rests principally, if not entirely, on conflicting...

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