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JOHNSON v. TSCHIEMBER

7 A.D.2d 1029 (1959)

Stanley C. Johnson, as Administrator of The Estate of Stanley C. Johnson, Jr., Deceased, Respondent, v. Mary Tschiember, as Administratrix of The Estate of Edward J. Tschiember, Deceased, Defendant, and Combs Fish Company et al., Appellants Mary Tschiember, as Administratrix of The Estate of Edward J. Tschiember, Deceased, Respondent, v. Combs Fish Company et al., Appellants

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

March 30, 1959

Judgment insofar as appealed from reversed and a new trial granted, with costs to abide the event.

At about 5:30 A.M. on Sunday, May 23, 1954 the intestate Tschiember was operating an automobile in which the intestate Johnson was a passenger and which collided with a tractor-trailer operated by appellant Wilson, an employee of appellant Combs. The trailer was registered by appellant Riggs, and Combs owned the truck or tractor (see Vehicle and Traffic Law, § 11...

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