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MacKibbin v. Wilson English Construction Co.

Appellate Division of the Supreme Court of New York, Second Department
Mar 23, 1942
263 App. Div. 1014 (N.Y. App. Div. 1942)

Opinion

March 23, 1942.

Present — Lazansky, P.J., Hagarty, Carswell, Adel and Taylor, JJ.


Action to recover damages for personal injuries suffered as a consequence of a skid plank, furnished by the appellant, R.B. Hamilton Trucking Company, Inc., tipping when stepped upon by the plaintiff in the course of his work for his employer. Judgment for plaintiff, in so far as appealed from, unanimously affirmed, with costs. The appellant conceded that one of the hooks was missing from the skid plank at the time of the accident. It had both actual and constructive notice of the defect in the skid plank which it furnished. On ample evidence a finding has been had that it was an inherently dangerous device, in a condition of which the appellant had knowledge and of which plaintiff had no knowledge. The cases involving latent defects in otherwise harmless instrumentalities are of no avail to the appellant.


Summaries of

MacKibbin v. Wilson English Construction Co.

Appellate Division of the Supreme Court of New York, Second Department
Mar 23, 1942
263 App. Div. 1014 (N.Y. App. Div. 1942)
Case details for

MacKibbin v. Wilson English Construction Co.

Case Details

Full title:ROBERT H. MACKIBBIN, Respondent, v. WILSON ENGLISH CONSTRUCTION COMPANY…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 23, 1942

Citations

263 App. Div. 1014 (N.Y. App. Div. 1942)

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