STAFFORD v. MUSSERS POTATO CHIPS, INC.


39 A.D.2d 831 (1972)

Kathryn E. Stafford, as Limited Administratrix of Ray J. Stafford, Deceased, Appellant, v. Mussers Potato Chips, Inc. et al., Respondents

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

May 25, 1972


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

Memorandum:

On April 17, 1966 at about 8:20 P.M. decedent's pickup truck was proceeding northerly on a two-lane macadam highway when it collided with defendant's southbound tractor-trailer at a point where there was a slight incline proceeding south. Decedent and his passenger were killed. There was no eyewitness to the accident. It was dark at the time. Skid marks...

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