Carosella v. Barba Drago, Inc.

Appellate Division of the Supreme Court of New York

Carosella v. Barba Drago, Inc.

259 A.D. 1041, 20 N.Y.S.2d 921, 1940 N.Y. App. Div. LEXIS 7897

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 24, 1940

StatusPublished

This text of 259 A.D. 1041 (Carosella v. Barba Drago, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Carosella v. Barba Drago, Inc., 259 A.D. 1041, 20 N.Y.S.2d 921, 1940 N.Y. App. Div. LEXIS 7897 (N.Y. Ct. App. 1940).

Pincite

Opinion

In an action for negligence the plaintiff has recovered judgment for injuries suffered by reason of a steel frame that was placed in a reclining position against a steel pillar in a building under construction, falling upon him. The steel frames were the property of the appellant and it was the duty of the appellant’s employees to set the frames in place as the brick work in the building proceeded. While there is no direct evidence as to who placed the frame in the position from which it fell, there is evidence from which the jury could infer that it was placed there by the employees of the appellant. Judgment of the City Court of Mount Vernon unanimously affirmed, with costs. Present ■ — ■ Lazansky, P. J., Carswell, Adel, Taylor and Close, JJ.

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In an action for negligence the plaintiff has recovered judgment for injuries suffered by reason of a steel frame that was placed in a reclining position against a steel pillar in a building under construction, falling upon him. The steel frames were the property of the appellant and it was the duty of the appellant’s employees to set the frames in place as the brick work in the building proceeded. While there is no direct evidence as to who placed the frame in the position from which it fell, there is evidence from which the jury could infer that it was placed there by the employees of the appellant. Judgment of the City Court of Mount Vernon unanimously affirmed, with costs. Present ■ — ■ Lazansky, P. J., Carswell, Adel, Taylor and Close, JJ.

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Bluebook (online)

259 A.D. 1041, 20 N.Y.S.2d 921, 1940 N.Y. App. Div. LEXIS 7897, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carosella-v-barba-drago-inc-nyappdiv-1940.