Appellate Division of the Supreme Court of New York, 1940

Morano v. Trimpoli

Morano v. Trimpoli
Appellate Division of the Supreme Court of New York · Decided November 4, 1940
260 A.D. 928; 24 N.Y.S.2d 153; 1940 N.Y. App. Div. LEXIS 5495
Morano v. Trimpoli

Opinion of the Court

Action by an administratrix to recover damages for the death of decedent, who *929was a passenger in an automobile proceeding along a highway when, it was claimed, the driver thereof was forced to the right by a bus approaching from the rear. It was claimed that the shoulder of the highway had been left in a dangerous condition by appellant, a contractor who had about a month before laid a water main in the shoulder of the road. Judgment in favor of plaintiff, and order denying appellant’s motion to set aside-the verdict and for a new trial, unanimously affirmed, with costs. No opinion. Present — Lazansky, P. J., Carswell, Johnston, Taylor and Close, JJ.

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