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Wrublewsky v. Tidewater Building Co.

142 N.Y.S. 1151 Court N.Y. App. Div. Decision date 1913-07-25 English

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p. 1151
WRUBLEWSKY, Respondent, v. TIDEWATER BUILDING CO. et al., Appellants.
(Supreme Court, Appellate Division, Second Department
July 25, 1913.)

Headnote

Action by Paul Wrublewsky, as administrator, etc., against the Tidewater Buildings Company and another.

Judgment and order reversed, and new trial grauted; costs to abide the event. The evidence fails to establish how plaintiff's intestate came to enter the bin in which he met his death. There is no evidence of ans instructions from any one that l~e should do so, and the circumstantial evidence would indicate that it was unnecessary for him to do so, in the ordinary discharge of his duties.