Majority
p. 643Joseph Buguero, Appellant, v. United States Shipping Board Emergency Fleet Corporation, Respondent. (Argued November 30, decided December 16, 1927.)
Headnote
Negligence — master and, servant — seamen- — -ships and -shipping — steward on ship injured from fall on stairs —failure of proof of negligence on part of defendant.Buguero v. U. S. Shipping Board E. F. Corp., 218 App. Div. 553 , affirmed.
Appeal from a judgment, entered February 18, 1927, upon an order of the Appellate Division of the Supreme Court in the second judicial department, reversing a
p. 644
judgment in favor of plaintiff entered upon a verdict in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant. It appeared that plaintiff, a steward on board of one of defendant’s steamships, was the last of a line of men carrying bags of soiled linen from the hold to the deck and that while mounting the stairs the man ahead turned so that the bag he was carrying struck plaintiff causing him to fall down the stairs, from which he received the injuries complained of. The Appellate Division held that no negligence was shown on part of defendant.
James A. Gray and William S. Butler for appellant.
John C. Donovan, William A. De Groot and Irving L. Evans for respondent.
Judgment affirmed, with costs; no opinion.
Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ.