Appellate Division of the Supreme Court of New York, 1944

Mocarski v. Transit-Mix Concrete Co.

Mocarski v. Transit-Mix Concrete Co.
Appellate Division of the Supreme Court of New York · Decided December 18, 1944
268 A.D. 1004; 52 N.Y.S.2d 791; 1944 N.Y. App. Div. LEXIS 4644
Mocarski v. Transit-Mix Concrete Co.

Opinion of the Court

Action to recover damages for the death of plaintiff’s intestate. Deceased was on top of the drum of' a mixed concrete delivery truck and was about to pour cement into the mixture in the drum when, by some unexplained cause, the drum revolved. The plaintiff’s intestate thus met his death. Judgment entered on the verdict of a jury in favor of the plaintiff unanimously affirmed, with costs. No opinion. Present — Close, P. J., Carswell, Adel, Lewis and Aldrich,. JJ. [See post, p. 1059.]

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