MUSUMECI v. PILLSBURY MILLS, INC.


12 A.D.2d 941 (1961)

Joseph Musumeci, Respondent, v. Pillsbury Mills, Inc., et al., Defendants, and Harry Rosenzweig et al., Doing Business as G. & R. Packing Co., Appellants

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

February 6, 1961


Plaintiff, a longshoreman, sustained the injuries when a heavy carton, weighing about 50 pounds or more, fell and struck his head as he and other longshoremen opened the door of a freight car preparatory to unloading it. The Packing Company had packed the car at its loading platform about one-half mile away. The company had not installed any bracing or fencing at the door of the car to prevent any of the freight from shifting or falling. It was claimed that its failure so...

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