NUCCI v. WARSHAW CONSTR. CORP.


12 N.Y.2d 16 (1962)

John Nucci, Appellant, v. Warshaw Construction Corporation et al., Respondents.

Court of Appeals of the State of New York.

Decided October 25, 1962.


Attorney(s) appearing for the Case

Anthony Curreri and John P. Connolly for appellant.

William F. McNulty for respondents.

Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS and FOSTER concur with Judge BURKE; Judge FROESSEL dissents in an opinion.


BURKE, J.

This case was tried upon the theory of negligence. The principal question is whether the trial court erred in submitting the case to the jury.

We are persuaded that it was error to deny the motion to dismiss the complaint as the evidence fails to establish actionable negligence and in fact shows that plaintiff was negligent.

Plaintiff is a construction inspector employed in the track...

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