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LOMORIELLO v. TIBBETTS CONTRACTING CORP.

18 A.D.2d 911 (1963)

Vincent Lomoriello, Appellant, v. Tibbetts Contracting Corporation, Respondent

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

February 4, 1963

Judgment reversed on the law and a new trial granted, with costs to plaintiff to abide the event. No questions of fact were considered.

Plaintiff, 42 years of age, was injured when an unexploded dynamite detonating cap, which had been found by his infant son at the site of defendant's road excavation near plaintiff's home in Yonkers, exploded. It appears that the son took the cap home and left it, together with a dry cell battery, on plaintiff's work

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