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McGLYN v. JOHNSON

15 Misc.2d 881 (1959)

Helen McGlyn et al., Plaintiffs, v. Anna Johnson et al., Defendants.

Supreme Court, Trial Term, Kings County.

February 27, 1959.

Attorney(s) appearing for the Case

Twohy & Kelleher for plaintiffs.

Galli, Terhune, Gibbons & Mulvehill (Oscar A. Thompson of counsel), for Fred Seaman, defendant.

Evans, Orr, Walsh, Gourlay & Pacelli (Walter G. Evans of counsel), for Anna Johnson, defendant.

BENJAMIN BRENNER, J.

A rowboat containing the injured plaintiff and two children pitched over a dam in a lake, due to the pull or drag of water caused by a storm ("Dianne" of 1955) several days earlier. Suit was commenced against Johnson, the owner of the dam, and Seaman, the owner of the boat which had been rented to the injured plaintiff, for failure to warn her of the strong current. Johnson was exonerated...

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