FINCH v. BENNINGER


13 A.D.2d 568 (1961)

Wesley Finch, Appellant, v. Andrew Benninger, Respondent Jerry Coppola, Appellant, v. Andrew Benninger, Respondent

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

March 9, 1961


The witnesses were in agreement that as the southbound truck owned by one plaintiff and operated by the other was in, or partly in, the center lane of a three-lane highway and in the act of overtaking another southbound truck, plaintiffs' truck and defendant's northbound tractor-trailer collided, the left front fender of plaintiffs' truck being in contact with defendant's tractor at a point to the rear of the left door. The testimony of plaintiff operator and one of his witnesses...

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