Appellate Division of the Supreme Court of New York, 1939

Pohl v. Tuller Construction Co.

Pohl v. Tuller Construction Co.
Appellate Division of the Supreme Court of New York · Decided January 23, 1939
256 A.D. 836; 9 N.Y.S.2d 260; 1939 N.Y. App. Div. LEXIS 5082
Pohl v. Tuller Construction Co.

Opinion of the Court

Action to recover damages for injuries sustained as result of an accident wherein plaintiff’s automobile collided with a stone or stones on a highway. The proof warranted an inference that a beacon constructed and maintained by defendant during its construction of a bridge had been destroyed. Judgment for defendant, and order denying plaintiff’s motion to set aside the verdict, unanimously affirmed, with costs. No opinion. Present — Lazansky, P. J., Hagarty, Davis, Adel and Taylor, JJ.

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