261 A.D. 1095, Buono v. Stewart Motor Trucks, Inc.

Citation261 A.D. 1095, 26 N.Y.S.2d 986
Party NameTHOMAS BUONO, Appellant, v. STEWART MOTOR TRUCKS, INC., Respondent, and Another, Defendant.
Case DateApril 21, 1941
CourtNew York Supreme Court Appelate Division, Second Department

Page 1095

261 A.D. 1095

26 N.Y.S.2d 986

THOMAS BUONO, Appellant,

v.

STEWART MOTOR TRUCKS, INC., Respondent, and Another, Defendant.

Supreme Court of New York, Second Department.

April 21, 1941

This action was brought to recover damages for personal injuries sustained by appellant in a collision between two motor trucks at a street intersection. Appellant was a guest in one of the trucks, which carried dealer's license plates issued to the respondent. The trial court dismissed the complaint at the close of the plaintiff's case, holding that there was no evidence of negligence on the part of respondent, and no evidence that respondent owned the truck at the time of the accident. Judgment dismissing the complaint reversed on the law and a new trial granted, with costs to appellant to abide the event. Appellant proved a prima facie case of negligence on the part of the driver of the truck in which he was a guest, and there was no evidence of contributory negligence. The proof that the license plates carried on the truck had been issued to respondent was presumptive proof of respondent's ownership. (Ferris v. Sterling, 214 N.Y. 249.) The respondent undertook to overcome such proof by evidence that it had sold the truck to Warren, the driver, more than a month before the accident. There was no evidence that the truck described in the conditional sale agreement, dated June 15, 1933, was the truck involved in the accident on July 17, 1933, except the testimony of Warren, who for that purpose was the respondent's witness, and such testimony was elicited by means of objectionable questions. Although the questions were not objected to, and a foundation, therefore, existed for the introduction of the sales documents, nevertheless the testimony that the truck described in such documents was identical with the truck in which appellant was injured was not conclusive. The proof was that the truck involved in the accident weighed ten tons and carried a load of eight to nine tons. The conditional bill of sale contained the following description of the truck sold to Warren on June fifteenth: 'Type of Body--31/2 ton.' The chattel mortgage described a truck...

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3 practice notes
  • 292 N.Y. 292, Reese v. Reamore
    • United States
    • New York New York Court of Appeals
    • April 13, 1944
    ...Appellate Division to reverse the judgment of the trial court. ( Ferris v. Sterling, 214 N.Y. 249; Buono v. Stewart Motor Trucks, Inc., 261 A.D. 1095; Page 293 Longley v. Coons, 244 A.D. 391, 268 N.Y. 712; Noble v. City of Palo Alto, 89 Cal.App. 47; Allen v. Ennis, 253 A.D. 769, 279 N.Y. 57......
  • 263 A.D. 969, Buono v. Stewart Motor Trucks, Inc.
    • United States
    • New York New York Supreme Court Appelate Division Second Department
    • February 24, 1942
    ...plates which were one of a series of plates that had been issued to the appellant as a dealer. We held on the prior appeal in this case (261 A.D. 1095) that such evidence was presumptive proof of appellant's ownership of the truck. On the present trial the evidence offered by appellant's di......
  • 261 A.D. 1095, Atlantic Yeast Corp. v. Indemnity Ins. Co. of North America
    • United States
    • New York New York Supreme Court Appelate Division Second Department
    • April 21, 1941
    ...1095 261 A.D. 1095 28 N.Y.S.2d 737 ATLANTIC YEAST CORPORATION, Appellant, v. INDEMNITY INSURANCE COMPANY OF NORTH AMERICA, Respondent. Supreme Court of New York, Second Department. April 21, 1941 On the court's own motion, the decision of this court handed down March 24, 1941 [261 A.D. 989]......
3 cases
  • 292 N.Y. 292, Reese v. Reamore
    • United States
    • New York New York Court of Appeals
    • April 13, 1944
    ...Appellate Division to reverse the judgment of the trial court. ( Ferris v. Sterling, 214 N.Y. 249; Buono v. Stewart Motor Trucks, Inc., 261 A.D. 1095; Page 293 Longley v. Coons, 244 A.D. 391, 268 N.Y. 712; Noble v. City of Palo Alto, 89 Cal.App. 47; Allen v. Ennis, 253 A.D. 769, 279 N.Y. 57......
  • 263 A.D. 969, Buono v. Stewart Motor Trucks, Inc.
    • United States
    • New York New York Supreme Court Appelate Division Second Department
    • February 24, 1942
    ...plates which were one of a series of plates that had been issued to the appellant as a dealer. We held on the prior appeal in this case (261 A.D. 1095) that such evidence was presumptive proof of appellant's ownership of the truck. On the present trial the evidence offered by appellant's di......
  • 261 A.D. 1095, Atlantic Yeast Corp. v. Indemnity Ins. Co. of North America
    • United States
    • New York New York Supreme Court Appelate Division Second Department
    • April 21, 1941
    ...1095 261 A.D. 1095 28 N.Y.S.2d 737 ATLANTIC YEAST CORPORATION, Appellant, v. INDEMNITY INSURANCE COMPANY OF NORTH AMERICA, Respondent. Supreme Court of New York, Second Department. April 21, 1941 On the court's own motion, the decision of this court handed down March 24, 1941 [261 A.D. 989]......