Perevit v. Bilous ( 1949 )

Assuming 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.