Szczygiel v. Isthmian Steamship Co.

Appellate Division of the Supreme Court of New York

Szczygiel v. Isthmian Steamship Co.

285 A.D. 877, 137 N.Y.S.2d 694, 1955 N.Y. App. Div. LEXIS 5953

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

DecidedFebruary 15, 1955

StatusPublished

This text of 285 A.D. 877 (Szczygiel v. Isthmian Steamship Co.) 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

Szczygiel v. Isthmian Steamship Co., 285 A.D. 877, 137 N.Y.S.2d 694, 1955 N.Y. App. Div. LEXIS 5953 (N.Y. Ct. App. 1955).

Pincite

Opinion

Judgment unanimously reversed, and costs to appellant, the complaint dismissed and judgment is directed to be entered in favor of defendant, with costs. The undisputed photographs demonstrate that the stairway railing did not end until the top step of the stairway in question. Consequently, any testimony to the contrary is not believable. In addition to the fact that it led to the top step, the only credible evidence showed that the railing was but ten and one-half inches from the door jamb and only eight and one-half inches, a mere hand-span, lower than the door knob. Thus, there was no showing of unseaworthiness in the construction. The accident occurred not by reason of negligence or unseaworthiness but because of a sudden lurch of the vessel in [878]*878a mountainous sea, occurring in a storm of extreme gale proportions that witnesses, supported by other evidence, testified was one of the worst they had experienced at sea. Settle order. Present — Peck, P. J., Cohn, Breitel and Bastow, JJ.

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Judgment unanimously reversed, and costs to appellant, the complaint dismissed and judgment is directed to be entered in favor of defendant, with costs. The undisputed photographs demonstrate that the stairway railing did not end until the top step of the stairway in question. Consequently, any testimony to the contrary is not believable. In addition to the fact that it led to the top step, the only credible evidence showed that the railing was but ten and one-half inches from the door jamb and only eight and one-half inches, a mere hand-span, lower than the door knob. Thus, there was no showing of unseaworthiness in the construction. The accident occurred not by reason of negligence or unseaworthiness but because of a sudden lurch of the vessel in [878]*878a mountainous sea, occurring in a storm of extreme gale proportions that witnesses, supported by other evidence, testified was one of the worst they had experienced at sea. Settle order. Present — Peck, P. J., Cohn, Breitel and Bastow, JJ.

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Bluebook (online)

285 A.D. 877, 137 N.Y.S.2d 694, 1955 N.Y. App. Div. LEXIS 5953, Counsel Stack Legal Research, https://law.counselstack.com/opinion/szczygiel-v-isthmian-steamship-co-nyappdiv-1955.