MASON v. UNITED STATES LINES CO.


1 N.Y.2d 764 (1956)

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

Court of Appeals of the State of New York.

Decided April 27, 1956.


Attorney(s) appearing for the Case

Jerome Golenbock, Harvey B. Nachman and Donald S. Sherwood for appellant.

Frank A. Fritz and John B. Forrest for respondent.

CONWAY, Ch. J., DESMOND, DYE, FULD, FROESSEL, VAN VOORHIS and BURKE, JJ., concur.


Per Curiam.

In our opinion, the evidence here was sufficient to establish a prima facie case as against Hogan and preponderated in favor of plaintiff. While it is true that plaintiff testified that the grinding of the winch may have been caused by a heavy cargo load, he made it clear that the intermittent jerking occasioned by the tightening and releasing of the cable could only be accounted for by a caught...

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