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CONCA v. CUSHMAN'S SONS

277 A.D. 360 (1950)

Vincent Conca, an Infant, by Giuseppina Conca, His Guardian ad Litem, Respondent, v. Cushman's Sons, Inc., Appellant

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

October 24, 1950.

Attorney(s) appearing for the Case

William L. Shumate of counsel (Andrews, Baird & Shumate, attorneys), for appellant.

Harold I. Panken of counsel (Murray Rosen, attorney), for respondent.

GLENNON, J. P., DORE, CALLAHAN and VAN VOORHIS, JJ., concur.

COHN, J.

In this action to recover damages for personal injuries, the infant plaintiff testified that as he was alighting from the defendant's truck it suddenly started without any warning, causing him to fall. He claims that he and two other boys were invited to ride on the truck by its operator.

The plaintiff's story as to the happening of the accident was contradicted by William Bertrand, the driver...

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