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DE CLARA v. BARBER S. S. LINES

309 N.Y. 620 (1956)

Margarida De Clara, as Administratrix of The Estate of Francisco De Clara, Deceased, Appellant, v. Barber Steamship Lines, Inc., et al., Defendants, and New York Dock Company, Respondent, and Third-Party Plaintiff-Respondent. Barber Securities Corporation, Third-Party Defendant-Respondent.

Court of Appeals of the State of New York.

Decided February 17, 1956

Attorney(s) appearing for the Case

Thomas Grimes and Thomas C. Cusack for appellant.

John F. X. Finn, George A. Garvey, Lillian E. Cuff and Constantine P. Lambos for respondent.

CONWAY, Ch. J., FROESSEL and BURKE, JJ., concur with FULD, J.; VAN VOORHIS, J., concurs in result in a separate opinion in which CONWAY, Ch. J., also concurs; DESMOND, J., dissents in an opinion; DYE, J., taking no part.

FULD, J.

Francisco De Clara, a stevedore, was killed on Pier 38, Atlantic Basin, Brooklyn, New York, when a large metal door fell upon him. The pier where the accident occurred was owned by the New York Dock Company and leased to the Barber Steamship Lines, Inc. De Clara was employed by the Atlantic Stevedoring Company, an independent contractor engaged by Barber to load and unload its vessels.

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