Kunkel v. New York Canal & Great Lakes Corp.

Appellate Division of the Supreme Court of New York

Kunkel v. New York Canal & Great Lakes Corp.

233 A.D. 742

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

DecidedMay 15, 1931

StatusPublished

This text of 233 A.D. 742 (Kunkel v. New York Canal & Great Lakes Corp.) 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

Kunkel v. New York Canal & Great Lakes Corp., 233 A.D. 742 (N.Y. Ct. App. 1931).

Pincite

Opinion

Judgment and order reversed upon the law and the facts and a new trial granted, costs to appellant to abide the event. The plaintiff has failed to show that there was negligence on the part of the defendant in that it provided for use a defective gangplank; or that proper and reasonable precautions for the safety of its employees required that the one used should be fastened at one end or otherwise secured. Young, Kapper, Scudder and Davis, JJ., concur; Lazansky, P. J., dissents upon the ground that there were questions of fact for submission to the jury and their determination should not be disturbed.

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Judgment and order reversed upon the law and the facts and a new trial granted, costs to appellant to abide the event. The plaintiff has failed to show that there was negligence on the part of the defendant in that it provided for use a defective gangplank; or that proper and reasonable precautions for the safety of its employees required that the one used should be fastened at one end or otherwise secured. Young, Kapper, Scudder and Davis, JJ., concur; Lazansky, P. J., dissents upon the ground that there were questions of fact for submission to the jury and their determination should not be disturbed.

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Bluebook (online)

233 A.D. 742, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kunkel-v-new-york-canal-great-lakes-corp-nyappdiv-1931.