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SWITZER v. MERCHS. MUT. CAS. CO.

2 N.Y.2d 575 (1957)

Frances E. Switzer, as Administratrix of The Estate of Charles Switzer, Deceased, Appellant, v. Merchants Mutual Casualty Company, Respondent.

Court of Appeals of the State of New York.

Decided April 11, 1957.

Attorney(s) appearing for the Case

Judson R. Hoover for appellant.

Asbury H. Harpending and Louis L. O'Brien for respondent.

CONWAY, Ch. J., DESMOND, DYE and BURKE, JJ., concur with FROESSEL, J.; FULD, J., dissents in an opinion in which VAN VOORHIS, J., concurs.

FROESSEL, J.

This appeal comes to us upon a submission of controversy under sections 546-548 of the Civil Practice Act. The controversy arose out of an accident which occurred on November 24, 1950, in which plaintiff's intestate was struck and killed by a truck operated by one Lester Aldrich.

Four days prior to the accident, the truck had been sold under a conditional sales contract to Aldrich (who was...

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