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Brophy v. Export Steamship Corp.

240 A.D. 776 Court N.Y. App. Div. English

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p. 776
William T. Brophy, Appellant, v. Export Steamship Corporation, Respondent, Impleaded with Union Stevedoring Corporation and Charles B. Bettels, Defendants.[1]

Judgment, in so far as appealed from, affirmed, with costs. No opinion. Kapper, Carswell and Davis, JJ., concur; Lazansky, P. J., and Hagarty, J., dissent on the ground that there was a question of fact for the jury as to whether the respondent exercised reasonable care in the method of creating the passageway, and whether the contact by the truck, causing the cases to fall, could have been reasonably anticipated.