Diocca v. New York Dock Co.

Appellate Division of the Supreme Court of New York

Diocca v. New York Dock Co.

264 A.D. 895, 36 N.Y.S.2d 245, 1942 N.Y. App. Div. LEXIS 5288

Appellate Division of the Supreme Court of the State of New York·Decided June 29, 1942·Published·Cited by 1 cases

Opinion

Action for damages for injuries sustained as the result of the alleged negligence of the defendant in maintaining over a doorway a defective plank which fell upon plaintiff while he was engaged in unloading cargo from a steamship. Plaintiff’s proof showed that the cable of a boom used in the operation of unloading struck against the alleged defective plank repeatedly, or at least occasionally, prior to the happening of the accident and prior to the time that the defect, consisting of the loosened plank, was observed. Judgment for defendant unanimously affirmed, •with costs. No opinion. Present — Lazansky, P. J., Hagarty, Carswell, Johnston and Adel, JJ.

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Action for damages for injuries sustained as the result of the alleged negligence of the defendant in maintaining over a doorway a defective plank which fell upon plaintiff while he was engaged in unloading cargo from a steamship. Plaintiff’s proof showed that the cable of a boom used in the operation of unloading struck against the alleged defective plank repeatedly, or at least occasionally, prior to the happening of the accident and prior to the time that the defect, consisting of the loosened plank, was observed. Judgment for defendant unanimously affirmed, •with costs. No opinion. Present — Lazansky, P. J., Hagarty, Carswell, Johnston and Adel, JJ.

Diocca v. New York Dock Co., 264 A.D. 895, 36 N.Y.S.2d 245, 1942 N.Y. App. Div. LEXIS 5288 (N.Y. Ct. App. 1942).

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