Naposki v. McAllister Lighterage Line, Inc.

232 A.D. 802 | N.Y. App. Div. | 1931

Judgment affirmed, with costs. No opinion. Present -—■ Finch, Merrell, Martin, O’Malley and Sherman, JJ.; O’Malley, J., dissents and votes for reversal and a new trial on the ground that the question of control of the derrick barge at the time and place of the accident should have been submitted to the jury. (See Bartolomeo v. Bennett Contracting Co., 245 N. Y. 66.)