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ACCARDI v. R. B. HAMILTON CONTRACTING CO., INC.

276 A.D. 974 (1950)

Joseph Accardi, Appellant, v. R. B. Hamilton Contracting Co., Inc., et al., Respondents and Third-Party Plaintiffs. Borden Homes, Inc., Third-Party Defendant

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 20, 1950.

Judgment reversed on the law and new trial granted, with costs to appellant to abide the event.

The proof showed that the stone which struck plaintiff fell either from the bucket attached to the crane when the second pit was being excavated, or rolled off the pile of excavated material when the bucket was being emptied onto the pile between the two pits. In either event, plaintiff established a prima facie case and it was...

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