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Brophy v. Export Steamship Corporation

Court of Appeals of the State of New York
Dec 12, 1933
189 N.E. 710 (N.Y. 1933)

Opinion

Argued November 23, 1933

Decided December 12, 1933

Appeal from the Supreme Court, Appellate Division, Second Department.

Mark F. Hughes and Harold H. Corbin for appellant.

Edgar R. Kraetzer for respondent.


Judgments reversed and new trial granted, with costs to abide the event, on the ground that the appellant's proof presented an issue of fact as to whether, in all the circumstances of the case and under the most favorable inferences to be drawn therefrom, the respondent failed in its duty to exercise reasonable care to protect the appellant from injury. No opinion.

Concur: CRANE, KELLOGG, O'BRIEN, HUBBS and CROUCH, JJ. Dissenting: POUND, Ch. J., and LEHMAN, J.


Summaries of

Brophy v. Export Steamship Corporation

Court of Appeals of the State of New York
Dec 12, 1933
189 N.E. 710 (N.Y. 1933)
Case details for

Brophy v. Export Steamship Corporation

Case Details

Full title:WILLIAM T. BROPHY, Appellant, v. EXPORT STEAMSHIP CORPORATION, Respondent…

Court:Court of Appeals of the State of New York

Date published: Dec 12, 1933

Citations

189 N.E. 710 (N.Y. 1933)
189 N.E. 710