TAPPE v. ARGO SCHILDKNECHT LUMBER CORP.


14 A.D.2d 889 (1961)

Marian A. Tappe et al., Respondents, v. Argo Schildknecht Lumber Corp. et al., Appellants

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

November 6, 1961


The accident occurred when a metal roller on the truck became dislodged and struck the windshield of the automobile being operated by the female plaintiff as the two vehicles, moving in opposite directions, passed each other on a public street.

Order reversed, with $10 costs and disbursements, and motion denied. The record presents issues of fact as to defendants' negligence, which should be resolved upon a trial. (cf. George Foltis, Inc., v. City of New York<...

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