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BANKS v. CENTRAL HUDSON GAS & ELECTRIC CORP.

No. 137, Docket 23286.

224 F.2d 631 (1955)

Albert BANKS, Plaintiff-Appellee, v. CENTRAL HUDSON GAS & ELECTRIC CORPORATION, Defendant-Appellant and Plaintiff-Appellee, NINNIE BROTHERS, Third-Party Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided July 6, 1955.

Attorney(s) appearing for the Case

Melvin Sacks, New York City (Benjamin H. Siff, New York City, of counsel), for plaintiff-appellee.

Garvey & Conway, New York City (George A. Garvey, New York City, of counsel), for defendant-appellant and third-party plaintiff-appellee.

Frederick Mellor, New York City (Joseph F. Hanley, New York City, of counsel), for third-party defendant-appellant.

Before CLARK, Chief Judge, HINCKS, Circuit Judge, and SMITH, District Judge.

HINCKS, Circuit Judge.

Albert Banks sustained severe injuries by electric shock when the boom of a crane came in contact with overhead wires carrying high voltage electric current. Banks sought recovery against the owner of the wires, Central Hudson Gas & Electric Corporation (hereinafter called "Central"). Central impleaded Ninnie Brothers (hereinafter called "Ninnie"), Banks' employer and the owner of the crane. In the third-party complaint Central alleged that...

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