SCHWEITZER v. FORBES FIREPROOFING CORP.


5 A.D.2d 419 (1958)

Emil Schweitzer, Appellant, v. Forbes Fireproofing Corp., Respondent

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

April 10, 1958.


Attorney(s) appearing for the Case

Benjamin H. Siff of counsel (Waxman & Scacco, attorneys), for appellant.

William P. Cotter of counsel (Cotter, Carey & Schultz, attorneys), for respondent.

BREITEL and McNALLY, JJ., concur with VALENTE, J.; BOTEIN, P. J., concurs in opinion, in which FRANK, J., concurs.


VALENTE, J.

Plaintiff appeals from a judgment dismissing his complaint in a personal injury action. At the end of the entire case in a trial before a jury, the Trial Justice dismissed the complaint for failure of proof.

Plaintiff, an employee of the Ruppert Brewery Company, was working on the night shift in the washhouse of the brewery. At about 9:00 P.M. on January 3, 1952, while moving a skid used to...

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