IMPERIAL v. CENT. CONCRETE, INC.


1 A.D.2d 671 (1955)

Carl Imperial, Appellant, v. Central Concrete, Inc., Respondent

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

December 5, 1955


Judgment affirmed, without costs.

Even if it be assumed that appellant proved that his injuries were caused by lime or some other substance improperly present in the concrete delivered by respondent, it is our opinion that there was no proof that respondent had actual or constructive knowledge of the presence of such harmful substance in the concrete or was in any way negligent in selling or delivering the concrete. There was no evidence that concrete was commonly...

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