BASHAM v. PENNSYLVANIA R.R. CO.


10 A.D.2d 948 (1960)

James Basham, Appellant, v. Pennsylvania Railroad Company, Respondent

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

May 2, 1960


Plaintiff claimed that the movement of a wheel-pit platform, upon which he was working, threw him off balance and caused him to lose his grip upon a 110-pound spring which fell on his hand, causing the injuries complained of. The verdict in plaintiff's favor was set aside upon the ground that there was uncontroverted proof that the platform could not move.

Judgment affirmed, without costs.

Kleinfeld, J., dissents and votes to reverse the judgment...

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