LANE v. TOWN OF BROOKHAVEN


23 A.D.2d 689 (1965)

Merwin G. Lane, Appellant, v. Town of Brookhaven, Respondent

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

March 22, 1965


Judgment affirmed, without costs.

Plaintiff, a garbage collector, was injured at defendant's garbage dump when a can flew through the air and struck him, resulting in the loss of an eye. Our examination of the record discloses no credible proof as to whether the can came from above the ground or from the garbage pit. Under the circumstances, the trial court was justified in dismissing the complaint at the end of plaintiff...

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