¶1Assuming that the evidence was sufficient to justify an inference that decedent was struck by the truck owned by defendant Bilous and operated by defendant Coteaux, it is not sufficient to justify a further inference that the contact was due to the negligence of the operator of the truck. (Wieland v. Third Ave. Tr. Corp., 296 N. Y. 1047.) Present— Carswell, Acting P. J., Johnston, Adel, Sneed and Wenzel, JJ.
275 A.D.2d 940
Perevit v. Bilous
Appellate Division of the Supreme Court of the State of New York
Decided June 6, 1949
Appellate Division of the Supreme Court of the State of New York · decided 1949-06-06
Relies on Wieland v. Third Avenue Transit Corporation
Decided 1949-06-06