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COFFEY v. FLOWER CITY CARTING CO.

2 A.D.2d 191 (1956)

Gordon R. Coffey, Plaintiff, v. Flower City Carting & Excavating Co., Inc., Defendant and Third-Party Plaintiff-Respondent. United States Steel Corp. (American Bridge Division), Third-Party Defendant-Appellant

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

July 13, 1956.

Attorney(s) appearing for the Case

John C. Osborn for appellant.

Casper V. Baltensperger for respondent.

All concur, except BASTOW, J., who dissents and votes for affirmance. Present — McCURN, P. J., KIMBALL, WHEELER, WILLIAMS and BASTOW, JJ.

Per Curiam.

Plaintiff, an employee of the third-party defendant (American Bridge Division), was injured while unloading steel beams from a truck furnished by the defendant and third-party plaintiff (Flower City Carting Co.). The complaint charges Flower City with "neglecting to warn this plaintiff of the manner in which said truck was maintained and loaded". That is the only specification of negligence which could possibly support the claim over. The third...

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