Opinion
March 8, 1943.
Present — Close, P.J., Hagarty, Carswell, Johnston and Adel, JJ.
The action is to recover damages for personal injuries. Defendant United Port Service, Inc., operated and controlled pier No. 5 in Brooklyn. Defendant Carter Weekes Stevedoring Company contracted with a steamship company to remove the cargo, consisting largely of coffee, from a vessel and to place it on the pier. The coffee was in bags which were piled in separate lots. While plaintiff, with others, was engaged in loading the bags from one pile onto a truck, the bags on another pile fell and injured him. It was alleged that both defendants were negligent in piling and/or permitting the bags to remain in such a position that they were likely to shift and fall, thereby creating a dangerous condition. Both defendants denied the material allegations of the complaint and defendant United Port Service, Inc., in its answer and cross complaint, alleged that all the affirmative acts which resulted in plaintiff's injuries were performed by its codefendant. A verdict for $30,000 was rendered in favor of plaintiff against both defendants and judgment for $30,192.50 was entered thereon on June 13, 1942. The jury also found in favor of defendant Carter Weekes Stevedoring Company on the cross complaint of defendant United Port Service, Inc. The motions of both defendants to set aside the verdict in plaintiff's favor and for a new trial, were denied. But the motion of the defendant United Port Service, Inc., to set aside the verdict in favor of defendant Carter Weekes Stevedoring Company on the cross complaint was granted, and the motion of defendant United Port Service, Inc., for a directed verdict in its favor was granted, and judgment on the cross complaint was entered on June 26, 1942, in its favor and against defendant Carter Weekes Stevedoring Company for the same amount as the judgment in plaintiff's favor. Both defendants appeal from the judgment in plaintiff's favor; and defendant United Port Service, Inc., appeals from the order denying its motion to set aside the verdict in plaintiff's favor and for a new trial; and the defendant Carter Weekes Stevedoring Company appeals from the order setting aside the verdict in its favor on the cross complaint and directing judgment against it and in favor of United Port Service, Inc., and from the judgment entered thereon. Judgments and orders unanimously affirmed, with one bill of costs to plaintiff against both defendants; and with costs to defendant United Port Service, Inc., against defendant Carter Weekes Stevedoring Company. No opinion.