Curreri v. Texas Co.

• Citation: 184 N.E. 75,260 N.Y. 518
• Parties: Frank CURRERI, Respondent, v. TEXAS COMPANY, Appellant.
• Decision Date: 19 July 1932
• Court: New York Court of Appeals

260 N.Y. 518

184 N.E. 75

Frank CURRERI, Respondent,

v.TEXAS COMPANY, Appellant.

Court of Appeals of New York.

July 19, 1932.

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the Second Judicial Department (234 App. Div. 879, 254 N. Y. S. 927), entered December 24, 1931, unanimously affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term, a jury having been waived, in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant. The complaint alleged that defendant owned, controlled, and operated a vessel on which plaintiff, an employee of one of defendant's contractors engaged in cleaning the boilers, was injured through the negligence of defendant in permitting or causing a winch, without warning or notice to plaintiff, to be set in motion at a time when plaintiff was sitting thereon. The defendant contended that it was not negligent as a matter of law; that plaintiff was off duty at the time of the accident and was either a licensee or a trespasser; that there was no duty on its part to make the winch safe for him or to take affirmative steps for his safety; that, as a matter of law, plaintiff assumed the risk of injury in sitting on the winch, and was guilty of contributory negligence.

Charles R. Hickox, Vernon S. Jones and Raymond Parmer, all of New York City, for appellant.

Jay Leo Rothschild, Louis Rivkin, and George A. Grabow, all of New York City, for respondent.

PER CURIAM.

Judgment affirmed, with costs.

POUND, C. J., and LEHMAN, O'BRIEN, HUBBS, and CROUCH, JJ., concur.

CRANE and KELLOGG, JJ., dissent.