JOHNSON v. HOMES LINES


48 Misc.2d 1090 (1965)

J. Arthur Johnson, Plaintiff, v. Homes Lines, Inc., et al., Defendants.

Civil Court of the City of New York, Trial Term, New York County.

November 10, 1965


Attorney(s) appearing for the Case

Gerstenhaber & Diamond (Morris Gerstenhaber of counsel), for plaintiff. Karlin, Campbell & Keating (Robert Hart of counsel), for defendants.


PELHAM ST. GEORGE BISSELL, 3RD, J.

The evidence adduced at the trial indicates that the plaintiff was injured as a result of a pile of packages which were not properly secured falling during rough seas and causing an employee of the tender "Lady Moore", on which plaintiff was a passenger to fall against the plaintiff.

The tender was not owned or under the operation and control of the defendant and the contract of passage entered into between the...

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