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Cousins v. Capitol Coal Corp.

239 A.D. 912 Court N.Y. App. Div. English

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Majority

p. 912
Rosa Cousins and Stanley Cousins, Appellants, v. Capitol Coal Corporation and Others, Respondents.

Judgment affirmed, with costs. No opinion. Present—Finch, P. J., Merrell, Martin, O’Malley and Glennon, JJ.; Finch, P. J., dissents and votes to reverse as to the defendant-owner “ Charles ” McAfee and grant a new trial, upon the showing by plaintiffs that the chain was not sufficiently long to reach any fastenings. The said defendant-owner was required to go forward and show the coal cover was inherently safe.