CAVAZINNI v. LIBERTY READY MIX CONCRETE, INC.


12 A.D.2d 554 (1960)

John Cavazinni, Respondent, v. Liberty Ready Mix Concrete, Inc., Appellant

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

November 4, 1960


Plaintiff was employed as a laborer for W. R. Ferguson and Company and while working on a construction job, for the purpose of holding the chute, climbed on defendant's cement mixer which was mounted on an automobile cab truck. The driver of the truck knew plaintiff was on the rear thereof and allegedly started the truck with a "jerk", causing plaintiff to be thrown to the ground and injured. The testimony presented a factual question as to negligence, contributory negligence...

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