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POHL v. COMMERCIAL INS. CO.

36 Misc.2d 173 (1962)

Marilyn E. Pohl, Plaintiff, v. Commercial Insurance Company of Newark, New Jersey, Defendant.

Supreme Court, Trial Term, Rensselaer County.

September 25, 1962

Attorney(s) appearing for the Case

Wager, Taylor, Howd & Brearton for plaintiff. Carter & Conboy for defendant.

ISADORE BOOKSTEIN, J.

On the night of November 20, 1960 plaintiff's brother was driving her motor vehicle with her permission, northerly on the New York State Thruway. A truck wheel and tire fell upon the vehicle, damaging the same. The operator of plaintiff's vehicle suddenly saw the wheel and tire coming toward him from the west, about three feet above the ground. At the point where the incident occurred,...

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