VAN HORN v. MESSINA


3 A.D.2d 918 (1957)

Catherine A. Van Horn, as Administratrix of The Estate of Howard J. Van Horn, Deceased, Appellant, v. Harriet D. Messina et al., Respondents

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

May 6, 1957


Judgment, insofar as it is in favor of respondent Peck, affirmed, without costs. No opinion. Judgment, insofar as it is in favor of respondents Messina, reversed, action severed, and a new trial granted, with costs to abide the event.

At the time of the accident it was dark but the weather was clear and the road dry. There were no lights on the Messina truck and, as the accident happened more than a half hour before sunrise, subdivision 6 of section 15 of the Vehicle...

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