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STELLING v. PUB. LUMBER SUPPLY CO., INC.

3 A.D.2d 713 (1957)

Claus Stelling et al., Appellants, v. Public Lumber Supply Co., Inc., Respondent

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

February 4, 1957

Judgment unanimously affirmed, with costs.

In our opinion, there was ample proof to sustain a finding that Stacel, the operator of the truck, had not established freedom from contributory negligence. Stacel's negligence was imputable to Stelling, who was present in the vehicle and engaged in a joint enterprise with him. (Schron v. Staten Island Elec. R. R. Co., 16 App. Div. 111; Cass v. Third Ave. R. R. Co., 20 App. Div. 591; Restatement, Torts, §...

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