Appellate Division of the Supreme Court of New York, 1959

Soehngen v. Long Island Lighting Co.

Soehngen v. Long Island Lighting Co.
Appellate Division of the Supreme Court of New York · Decided November 9, 1959
9 A.D.2d 773; 192 N.Y.S.2d 984; 1959 N.Y. App. Div. LEXIS 6308
Soehngen v. Long Island Lighting Co.

Opinion of the Court

In an action to recover damages for personal injuries, the appeal is from an amended judgment of the County Court, Nassau County, entered after trial before the court without a jury, dismissing the complaint. Appellant *774was injured by respondent’s employee while helping him unload guy wire protectors from a truck owned by appellant's employer. Judgment unanimously affirmed, without costs. The decision stated in substance that respondent was guilty of negligence but that appellant was guilty of contributory negligence. The decision was sufficient compliance with section 440 of the Civil Practice Act. The evidence was sufficient to sustain the finding that appellant was guilty of contributory negligence. Present — Nolan, P. J., Wenzel, Beldock, Ughetta and Hallinan, JJ.

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