MASON v. UNITED STATES LINES CO.


284 A.D. 1031 (1954)

Thomas P. Mason, Appellant-Respondent, v. United States Lines Company, Defendant, and T. Hogan & Sons, Inc., Respondent-Appellant

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

December 7, 1954.


Per Curiam.

Judgment in favor of plaintiff should be reversed and the complaint dismissed. Plaintiff has failed to establish the negligence of defendant as, indeed, he has failed to establish what was the cause of the accident. Because plaintiff was struck by a downward motion of the cable running from the winch, he inferred, without sufficient basis, that this was the result of the releasing of the taut cable by a winchman attempting to disengage a caught...

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