Dillon v. Socony Mobil Oil Co.
| Decision Date | 13 November 1959 |
| Citation | 9 A.D.2d 835,192 N.Y.S.2d 818 |
| Parties | Harris DILLON, Plaintiff-Respondent, v. SOCONY MOBIL OIL COMPANY, Inc., Defendant-Appellant. |
| Court | New York Supreme Court — Appellate Division |
Hinman, Howard & Kattell, Binghamton, for appellant.
Shaw, Esworthy, O'Brien & Crowley, Binghamton, for respondent.
Before FOSTER, P. J., and BERGAN, COON, GIBSON and HERLIHY, JJ.
Appeal by defendant from a judgment of the Supreme Court in Broome County, in favor of plaintiff based upon a jury verdict in the sum of $5,000 for personal injuries, and from an order denying defendant's motion for a new trial.
Plaintiff, Sealer of Weights and Measures for Broome County, was a business invitee upon the premises of defendant and was engaged in calibrating the meters used by defendant for measuring petroleum products. The meters were located on a loading platform constructed of steel with a grated flooring approximately four feet above ground level. Pipes came up through this flooring which were used for loading tank trucks which were driven alongside the loading platform. On the day of plaintiff's accident a tank truck had been placed alongside the loading platform. It had a cat walk along the side which was approximately the same distance from the ground as the loading platform, and was about eighteen inches away from the loading platform. The flooring of this loading platform consisted of steel grating, known as subway grating which was fabricated from upright strips of steel, with diamond-shaped openings between the strips. Along the edge of this platform next to which a truck would be placed, this fabricated flooring was cut off, leaving sharp edges of steel.
In the performance of his duties plaintiff was obliged to step from the cat walk of the truck to the loading platform, and in so doing the placed his right foot upon the flat surface of the flooring of the platform and his foot slipped forward, causing him to fall. His left leg came in contact with the edges of the flooring, and he sustained injuries to the left leg. Plaintiff grabbed a pipe which protruded above the platform, thereby preventing his falling to the ground, and he was able to regain the platform. Plaintiff testified that there was oil or an oily substance on the platform which caused his right foot to slip. Plaintiff alleged three theories of negligence,--permitting oil to be upon the surface of the platform, lack of hand rails, and the sharp protruding edges of the steel flooring.
Defendant called an expert witness who expressed an opinion that the use of this type of flooring on such a loading facility was in accordance with the customs and the usages and the best engineering and construction practices known to the trade, in 1956....
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Tropea v. Shell Oil Company, 26981.
...a certain local custom for the purpose of interpreting a written contract between the parties. And in Dillon v. Socony Mobil Co., 9 A.D.2d 835, 192 N.Y.S. 2d 818 (1959), the witness whose testimony was held to be incompetent lacked expertise in the particular industry involved in that case.......
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Molinari v. Conforti & Eisele, Inc.
...an abuse of discretion to exclude the testimony (see McGovern v. Riverdale Country Sch. Realty Co., supra; cf. Dillon v. Socony Mobil Oil Co., Inc., 9 A.D.2d 835, 192 N.Y.S.2d 818). Plaintiffs also claim error concerning the cross-examination of Mr. Molinari as to his previous injuries and ......
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Bonesteel v. Emma Willard School
...defendant's premises is without merit. (See Glassbrook v. Manhi Realty Corp., 279 App.Div. 711, 108 N.Y.S.2d 652; Dillon v. Socony Mobil Oil Co., 9 A.D.2d 835, 192 N.Y.S.2d 818.) Upon this appeal the appellant also contends that she was owed the duty of reasonable care under subdivision 1 o......
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Diemer v. Goad
...plaintiffs and since one possible basis for its verdict is not sustainable, the judgment must be reversed (see Dillon v. Socony Mobil Oil Co., 9 A.D.2d 835, 192 N.Y.S.2d 818; LeGlaire v. New York Life Ins. Co., 8 A.D.2d 186, 190, 186 N.Y.S.2d 291, app. dsmd. 7 N.Y.2d 901, 197 N.Y.S.2d 462, ......