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BOERIO v. HAISS MOTOR TRUCKING

7 A.D.2d 228 (1959)

Robert Boerio, Respondent, v. Haiss Motor Trucking Co., Inc., Appellant

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

February 3, 1959.

Attorney(s) appearing for the Case

James J. McLoughlin of counsel (Anthony J. De Cicco, attorney), for appellant.

Mathew Vener of counsel (Louis Lovesky with him on the brief; Mathew Vener, attorney), for respondent.

BREITEL, J. P., and STEVENS, J., concur with M. M. FRANK, J.; McNALLY, J., dissents in part and votes to reverse and dismiss the complaint in opinion, in which VALENTE, J., concurs.

M. M. FRANK, J.

The defendant appeals from a judgment in favor of the plaintiff upon a jury verdict. The action, for personal injuries, was grounded on common-law negligence.

The plaintiff, Robert Boerio, was employed as an electrician and lineman by Jandous Electrical Company. The defendant was the owner of a "line truck" equipped with a boom, a winch and a drum...

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