BURCHELL v. ELBE CAB CORP.


5 A.D.2d 889 (1958)

Elizabeth G. Burchell, Appellant, v. Elbe Cab Corp. et al., Respondents, et al., Defendant

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

March 31, 1958


Order reversed, without costs, and preference granted pursuant to said rule.

While it is true that, as the learned Justice at Trial Term indicated, the hospital X-ray report, dated four days subsequent to the accident, indicates that appellant had a degenerative process of the spinal discs which may have antedated the accident, the affidavit of her physician made a prima facie showing that such pre-existing injury was aggravated as a consequence of the accident. Under...

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