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Travelers Ins. Co. v. Ward Bulldozer Serv. Co.

Appellate Division of the Supreme Court of New York, Second Department
Jun 2, 1958
6 A.D.2d 801 (N.Y. App. Div. 1958)

Opinion

June 2, 1958


In an action by a compensation carrier as assignee of the injured person's cause of action (Workmen's Compensation Law, § 29, subd. 2), the appeal is from a judgment entered in favor of respondents upon a jury verdict. Judgment reversed and new trial granted, with costs to abide the event. The questions of fact have been considered and a new trial would not be granted on those questions. In our opinion, it was prejudicial error to exclude the proffered testimony of appellant's expert concerning the customary use of a chain when moving logs with tractor-shovels ( Garthe v. Ruppert, 264 N.Y. 290, 296; Regan v. Eight Twenty Fifth Corp., 287 N.Y. 179; Lerner v. Sears, Roebuck Co., 274 App. Div. 905; Rickerson v. Hartford Fire Ins. Co., 149 N.Y. 307, 316: Rosenstein v. McGutcheon, 155 App. Div. 278, 281). Nolan, P.J., Beldock, Murphy, Hallinan and Kleinfeld, JJ., concur.


Summaries of

Travelers Ins. Co. v. Ward Bulldozer Serv. Co.

Appellate Division of the Supreme Court of New York, Second Department
Jun 2, 1958
6 A.D.2d 801 (N.Y. App. Div. 1958)
Case details for

Travelers Ins. Co. v. Ward Bulldozer Serv. Co.

Case Details

Full title:TRAVELERS INSURANCE COMPANY, Appellant, v. WARD BULLDOZER SERVICE COMPANY…

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

Date published: Jun 2, 1958

Citations

6 A.D.2d 801 (N.Y. App. Div. 1958)