Brophy v. Export Steamship Corporation, 189 N.E. 710

Brophy v. Export Steamship Corporation

189 N.E. 710

1933

Check Treatment

Judgments reversed and new trial granted, with costs to abide the event, on the ground that the appellant's proof presented an issue of fact as to whether, in all the *Page 588 circumstances of the case and under the most favorable inferences to be drawn therefrom, the respondent failed in its duty to exercise reasonable care to protect the appellant from injury. No opinion.

Concur: CRANE, KELLOGG, O'BRIEN, HUBBS and CROUCH, JJ. Dissenting: POUND, Ch. J., and LEHMAN, J.