KAPLAN TRUCKING COMPANY v. LAVINE

No. 13232.

253 F.2d 254 (1958)

KAPLAN TRUCKING COMPANY, Appellant, v. Shirley LAVINE, Appellee.

United States Court of Appeals Sixth Circuit.

March 11, 1958.


Attorney(s) appearing for the Case

Burns Weston, Cleveland, Ohio (Mark O'Neill, Cleveland, Ohio, of counsel; McConnell, Blackmore, Cory, Burke & Kundtz, Cleveland, Ohio, on the brief), for appellant.

Craig Spangenberg, Cleveland, Ohio (Ralph Rudd, Cleveland, Ohio, of counsel; Harrison, Spangenberg & Hull, Cleveland, Ohio, on the brief), for appellee.

Before SIMONS, Chief Judge, and ALLEN and STEWART, Circuit Judges.


STEWART, Circuit Judge.

The appellee was injured in a collision between an automobile in which she was a passenger and a truck being driven by Milton Fotta, an employee of the truck's owner, John Mogielski. At the time of the collision, December 31, 1953, Mogielski had leased the truck to the appellant, Kaplan Trucking Company. This appeal is from a judgment entered upon a jury verdict in favor of the appellee.

Neither the validity of the lease, the negligence...

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