31 A.D.2d 865 | N.Y. App. Div. | 1969
Appeal from a judgment of the Supreme Court, entered June 28, 1968 in Albany County, upon a verdict rendered at Trial Term in favor of both plaintiffs. The consolidated actions herein stem from an accident which occurred on ithe North-way on February 6, 1965, when a tractor-trailer, en route from East Rutherford, New Jersey to Montreal, Canada and traveling north in the northbound lane collided with an automobile, owned by the Samfred Beltline Corp. and operated at the time by Kathleen Rosenblatt, which was proceeding in a southerly direction in that lane. The tractor, owned by the General Transport Service Corp. and being driven by one Hebert, a General Transport driver, was at the time the incident occurred under lease to Maislin Bros., the owner of the trailer. Maislin Bros, instituted this action to recover the value of the transported cargo damaged as a result of the collision, while the State of New York sought recovery of the damage inflicted to its guardrails. The jury returned verdicts in favor