Cousins v. Capitol Coal Corp.

239 A.D. 912 | N.Y. App. Div. | 1933

Judgment affirmed, with costs. No opinion. Present—Finch, P. J., Merrell, Martin, O’Malley and Glennon, JJ.; Finch, P. J., dissents and votes to reverse as to the defendant-owner “ Charles ” McAfee and grant a new trial, upon the showing by plaintiffs that the chain was not sufficiently long to reach any fastenings. The said defendant-owner was required to go forward and show the coal cover was inherently safe.