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Turno v. Sportsmen's Exhibition Co.

104 N.Y.S. 1148 Court N.Y. App. Term Decision date 1907-05-16 English

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p. 1148
TURNO v. SPORTSMEN’S EXHIBITION CO.
(Supreme Court, Appellate Term.
May 16, 1907.)

Headnote

Appeal from Municipal Court, Borough of Manhattan, Twelfth District. Action by Charles H. Turno against the Sportsmen's Exhibition Company. From a judgment for plaintiff, defendant appeals.
Reversed, and new trial ordered.
William F. Kimber, for appellant.
Emerich ICohn, for respondent.

This action was brought to recover damages for personal injuries sustained

p. 1149
in being struck by a block and tackle while in use by the defendant company in the management and operation of a “show” or exhibition of divers sportsmen’s goods at Madison Square Garden. The cause of action is predicated upon the negligence of the defendant. There is no evidence in the record connecting the defendant company in any manner with the block and tackle or its operation, or with the_ accident, and consequently no proof of negligence on its part. Judgment reversed, and new trial ordered, with costs to appellant to abide the event.