Naposki v. McAllister Lighterage Line, Inc.

Full title: JOSEPH NAPOSKI, Appellant, v. McALLISTER LIGHTERAGE LINE, INC., Respondent

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 1, 1931

232 App. Div. 802 (N.Y. App. Div. 1931)

Opinion

March, 1931.

Present — Finch, Merrell, Martin, O'Malley and Sherman, JJ.; O'Malley, J., dissents and votes for reversal and a new trial on the ground that the question of control of the derrick barge at the time and place of the accident should have been submitted to the jury. (See Bartolomeo v. Bennett Contracting Co., 245 N.Y. 66.)

Judgment affirmed, with costs. No opinion.