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LA ROCCA v. FARRINGTON

301 N.Y. 247 (1950)

John La Rocca, Respondent, v. Stephen J. Farrington et al., Doing Business as S. J. Farrington Iron Works, Appellants, and Turner Dock Transfer Co., Inc., Respondent and Appellant.

Court of Appeals of the State of New York.

Decided July 11, 1950

Attorney(s) appearing for the Case

Patrick E. Gibbons and Patrick J. McCann for Stephen J. Farrington and another, appellants.

William L. Shumate and Samuel E. Swiggett for Turner Dock Transfer Co., Inc., appellant and respondent.

Ralph Stout, Hyman Goldberg and Louis Rothbard for plaintiff, respondent.

LOUGHRAN, Ch. J., LEWIS, CONWAY, DYE and FROESSEL, JJ., concur in Per Curiam opinion; DESMOND, J., dissents in opinion in which FULD, J., concurs.

Per Curiam.

On the facts of this case — which are sufficiently stated in the dissenting opinion filed herewith — it was error for the trial court to set aside the jury verdict in favor of the plaintiff and dismiss his complaint. We agree that the Appellate Division quite properly reinstated the verdict against the defendants-appellants, the Turner and Farrington companies, on the authority of MacPherson...

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