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COPP v. BOWSER

22 A.D.2d 105 (1964)

Arthur Copp, Jr., an Infant, by His Guardian ad Litem, Lillian Copp, et al., Appellants, v. Alma D. Bowser, Respondent, et al., Defendants Frederick A. Cornell, Respondent, v. Alma D. Bowser, Appellant

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

December 1, 1964.

Attorney(s) appearing for the Case

Dann, Cochran & Nachsin (D. Edwin Lyons of counsel), for Arthur Copp, Jr., and another, appellants.

Kramer, Wales & Robinson (Richard S. Ringwood of counsel), for Alma D. Bowser, appellant and respondent.

Coughlin, Dermody, Ingalls & Guy (George G. Coughlin of counsel), for Frederick A. Cornell, respondent.

GIBSON, P. J., TAYLOR and AULISI, JJ., concur with HAMM, J; HERLIHY, J., dissents, and votes to affirm, in a memorandum.

HAMM, J.

These two actions arise out of an accident which occurred on a public street in the City of Binghamton. A Chevrolet bakery truck owned by Stroehmann Brothers Co. and in the charge of their employee, Frederick A. Cornell, was parked on the north side of the street facing west a few inches from the curb. Alma D. Bowser was operating a Plymouth automobile in an easterly direction. Her car veered to the...

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