260 A.D. 958 | N.Y. App. Div. | 1940
In an action to recover for personal injuries, the plaintiff, a helper on defendant’s truck, in the discharge of his duties left the truck and took a position three feet behind the right front wheel and three feet to the right of the truck for the purpose of directing the chauffeur in backing to a position alongside a building and parallel with it for the purpose of making deliveries. The truck involved was a closed three and one-half ton Autocar with the driving wheel on the left-hand side. The chauffeur was unable to see the right-hand side of the truck, as the plaintiff knew. Under direction of the plaintiff, according to plaintiff’s testimony, the truck backed from its position on the sidewalk at an angle to the building, toward the