STAHLI v. McGLYNN


47 A.D.2d 238 (1975)

Cora Stahli, Individually and as Administratrix of The Estate of Francis A. Stahli, Sr., DECEASED, Respondent, v. Leo McGlynn et al., Appellants

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

April 7, 1975


Attorney(s) appearing for the Case

Vandervoort, Cline & Mac Vean (V. Frank Cline of counsel), for appellants.

Dempsey Spring Moloney & Florence (William J. Florence, Jr., of counsel), for respondent.

GULOTTA, P. J., HOPKINS and MARTUSCELLO, JJ., concur.


LATHAM, J.

Defendant McGlynn was operating a 54-foot long tractor-trailer of his employer, the codefendant herein, on the afternoon of February 7, 1967. He was proceeding easterly and uphill on Main Street, Poughkeepsie. There was a six-inch accumulation of snow and ice on the ground. To keep the tractor in motion he found it necessary to spin the wheels constantly and to keep them "digging in the snow" to get...

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