Appellate Division of the Supreme Court of New York, 1925

Sullivan v. Garland Steamship Corp.

Sullivan v. Garland Steamship Corp.
Appellate Division of the Supreme Court of New York · Decided November 15, 1925
215 A.D. 722
Sullivan v. Garland Steamship Corp.

Opinion of the Court

Judgment reversed upon the law and new trial granted, with costs to abide the event. We think the evidence submitted on the trial was sufficient to make out a prima facie case of negligence on the part of both defendants in the use of a defective cable, and that, likewise, plaintiff sufficiently proved negligent operation on the part of the defendant Garland Steamship Corporation. Upon a new trial the alleged negligence may be more fully developed. Kelly, P. J., Rich, Manning and Young, JJ., concur; Kapper, J., absent and not voting.

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