New York Court of Appeals, 1933

Brophy v. Export Steamship Corporation

Brophy v. Export Steamship Corporation
New York Court of Appeals · Decided December 12, 1933
189 N.E. 710; 263 N.Y. 587; 1933 N.Y. LEXIS 883 (North Eastern Reporter)

Brophy v. Export Steamship Corporation

Opinion of the Court

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 *588 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.

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