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Buren v. Schreiber

Appellate Division of the Supreme Court of New York, Third Department
Jun 22, 1938
254 App. Div. 921 (N.Y. App. Div. 1938)

Opinion

June 22, 1938.

Appeal from Supreme Court, Albany County.

Present — Hill, P.J., Rhodes, Crapser, Bliss and Heffernan, JJ.


Plaintiff was driving an automobile truck and trailer easterly on the south side of the Albany-Schenectady State highway, a straight and level four-strip concrete pavement. He had parked his vehicle off the pavement on the south side. As he started up and pulled back on the pavement, defendant's truck, coming from the rear and following another truck which went on by in safety, ran into the rear of plaintiff's vehicle. Plaintiff testified that his truck and trailer were fully lighted. Appellants contended that plaintiff's truck was not moving and was parked on the pavement without lights. The case presents only a question of fact which was resolved by the jury in plaintiff's favor. Judgment unanimously affirmed, with costs.


Summaries of

Buren v. Schreiber

Appellate Division of the Supreme Court of New York, Third Department
Jun 22, 1938
254 App. Div. 921 (N.Y. App. Div. 1938)
Case details for

Buren v. Schreiber

Case Details

Full title:WILLIAM M. VAN BUREN, Respondent, v. WALTER F. SCHREIBER and DOUGLAS R…

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

Date published: Jun 22, 1938

Citations

254 App. Div. 921 (N.Y. App. Div. 1938)