TOWNLEY v. BAGBY TRANSFER CO.


19 A.D.2d 757 (1963)

Edison Townley, Appellant, v. Bagby Transfer Company et al., Respondents

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

July 15, 1963


At the close of plaintiff's proof in this negligence action the court at Trial Term granted defendants' motion to dismiss and a judgment of nonsuit has been entered. The proof of defendants' negligence is very strong; the problem arises on the question of plaintiff's freedom from contributory negligence. Defendant Cooper backed a tractor-trailer combination, 42 feet long, from a private road on the west side of Route 9-W near Catskill, across the highway, reaching and entering...

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