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ELFELD v. BURKHAM AUTO RENTING CO.

196 Misc. 446 (1949)

Henry Elfeld, as Administrator of The Estate of Matthew Elfeld, Deceased, Plaintiff, v. Burkham Auto Renting Co., Inc., et al., Defendants. Burkham Auto Renting Co., Inc., Third-Party Plaintiff, v. Pechter Baking Co., Inc., Third-Party Defendant.

Supreme Court, Special Term, Queens County.

October 11, 1949.

Attorney(s) appearing for the Case

Rudser & Mulligan for third-party defendant.

John W. Trapp for Burkham Auto Renting Co., Inc., defendant and third-party plaintiff.

Katzman & Chassen for plaintiff.

DALY, J.

This is an action brought by the administrator of his deceased son's estate to recover damages for the death of the decedent, who was killed by the overturning of a baker's delivery truck which he was driving.

The action was originally brought against the defendant Burkham Auto Renting Co., Inc., as the owner of the said truck, and Cherry Bakeries, Inc., which is alleged to have rented said truck from Burkham Auto Renting Co., Inc., and...

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