MAGUIRE v. R & R TRUCKING CO.


19 A.D.2d 745 (1963)

William Maguire, Jr., Respondent, v. R & R Trucking Co. et al., Appellants

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

July 8, 1963


Judgment reversed on the law and on the facts, and a new trial ordered, with costs to the defendants to abide the event.

Although the defendants were under a duty to discover all defects by more than just a visual inspection (De Maria v. Renee Operating Corp., 282 App. Div. 221), in our opinion the finding of negligence against the defendants was contrary to the weight of the evidence. To satisfy the requirement of a prima facie case, it was necessary that...

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