Kerstin Swensson v. New York, Albany Despatch Company, Inc., and Ward La France Truck Corp., Respondent Yolanda…

Summary

The Court of Appeals held that the plaintiffs had established a prima facie negligence case against Ward La France Truck Corp. and that the trial court properly admitted the driver’s statements as res gestae, so the Appellate Division lacked authority to dismiss the complaints; the judgment was modified to grant a new trial and affirmed.