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BIERZYNSKI v. N. Y. C. R. R. CO.

31 A.D.2d 294 (1969)

Stanley A. Bierzynski, Respondent-Appellant, v. New York Central Railroad Company, Respondent and Third-Party Plaintiff-Appellant and Chesapeake & Ohio Railway Company, Appellant and Third-Party Plaintiff-Appellant. Semet-Solvay Division Allied Chemical Corporation, Third-Party Defendant-Respondent

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

February 20, 1969.

Attorney(s) appearing for the Case

Charles P. McCabe for respondent-appellant.

Moot, Sprague, Marcy, Landy & Fernbach (Richard F. Griffin of counsel), for Chesapeake & Ohio Railway Co., appellant.

Brown, Kelly, Turner, Hassett & Leach (Ogden R. Brown of counsel), for New York Central Railroad Co., appellant.

Adams, Brown, Starrett & Maloney (Robert J. Connelly of counsel), for Semet-Solvay Corp., respondent.

GOLDMAN, P. J., DEL VECCHIO, MARSH and HENRY, JJ., concur.

BASTOW, J.

Plaintiff, an employee of third-party defendant, Semet-Solvay Division of Allied Chemical Corporation (Semet-Solvay), was injured on March 17, 1964 in the yards of his employer, which converted coal into coke. The proof established that on March 15, 1964 defendant, New York Central Railroad Company (New York Central) delivered to Semet-Solvay a carload of...

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