Barber v. Howard Sober, Inc.

Full title: EDNA E. BARBER, Respondent, v. HOWARD SOBER, INC., Appellant

Court: Appellate Division of the Supreme Court of New York, Third Department

Date published: Nov 20, 1945

269 App. Div. 1008 (N.Y. App. Div. 1945)

Opinion

November 20, 1945.

Appeal from Supreme Court, Schenectady County.

A truck, driven by an employee of the defendant in the city of Schenectady, left the highway and struck plaintiff who was standing on the curb in front of a restaurant. The defense was that the driver suffered a heart attack. The jury evidently rejected this defense and the evidence sustains their verdict. Judgment and order appealed from affirmed, with costs. All concur.