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DIAZ v. ELLERMAN BUCKNALL S. S. CO., LTD.

62 A.D.2d 961 (1978)

Modesto Diaz, Appellant, v. Ellerman Bucknall S. S. Co., Ltd., et al., Defendants and Third-Party Plaintiffs-Respondents. International Terminal Operating Co., Inc., Third-Party Defendant-Respondent

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

April 24, 1978

It was error to direct a verdict for defendants. The complaint asserted causes of action in both unseaworthiness and negligence. The use of the "chocks" in the manner testified to was sufficient to create an issue of fact as to the existence of an unseaworthy condition. (See Edynak v Atlantic Shipping Inc. Cie. Chambon (Maclovia S. A., 562 F.2d 215, 224-225.) As for the sufficiency of the proof offered on negligence, there was evidence...

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