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WANCA v. PENN INDUSTRIES

No. 62, Docket 25202.

260 F.2d 350 (1958)

Michael WANCA, Plaintiff-Appellee, v. PENN INDUSTRIES, Inc., Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided October 29, 1958.

Attorney(s) appearing for the Case

William F. McNulty, New York City (Bounds & Wourms, New York City, on the brief), for defendant-appellant.

Robert Klonsky, New York City (Herman N. Rabson, New York City, and DiCostanzo & Klonsky, Brooklyn, N. Y., on the brief), for plaintiff-appellee.

Before CLARK, Chief Judge, and MEDINA and LUMBARD, Circuit Judges.

PER CURIAM.

While working on the New York docks for the Pennsylvania Railroad, plaintiff was injured by a stray bullet shot by one Watson, a longshoreman for defendant, who had been working and quarreling there with another of defendant's employees for about half the day. Ample evidence supports the court's finding that Green, defendant's assistant foreman, had notice of Watson's condition; and his failure to act therefore constituted

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