BROPHY v. EXPORT STEAMSHIP CORPORATION, 263 N.Y. 587 (1933)

189 N.E. 710

WILLIAM T. BROPHY, Appellant, v. EXPORT STEAMSHIP CORPORATION, Respondent, Impleaded with Others.

Court of Appeals of the State of New York.Argued November 23, 1933
Decided December 12, 1933

Appeal from the Supreme Court, Appellate Division, Second Department.

Mark F. Hughes and Harold H. Corbin for appellant.

Edgar R. Kraetzer for respondent.

Judgments reversed and new trial granted, with costs to abide the event, on the ground that the appellant’s proof presented an issue of fact as to whether, in all the

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circumstances of the case and under the most favorable inferences to be drawn therefrom, the respondent failed in its duty to exercise reasonable care to protect the appellant from injury. No opinion.

Concur: CRANE, KELLOGG, O’BRIEN, HUBBS and CROUCH, JJ. Dissenting: POUND, Ch. J., and LEHMAN, J.