BAKER v. JOSEPH LEUNER, JR., TRUCKING INC.


54 A.D.2d 654 (1976)

Anna T. Baker, Respondent, v. Joseph Leuner, Jr., Trucking Inc., et al., Appellants

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

October 26, 1976


Unanimously affirmed. Respondent shall recover of appellants $60 costs and disbursements of this appeal.

When a truck was being unloaded by the joint efforts of both trucker and store employees at a sidewalk in front of the store, boxes were piled on the sidewalk in such manner as to leave a narrow aisle for pedestrians. While this space was being negotiated by plaintiff, an elderly lady accompanied by a leashed dog, a box thrown from the truck struck the dog. The...

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