General
Eleanor Mocarski, as Administratrix of the Estate of Frank Mocarski, Deceased, Respondent, v. Transit-Mix Concrete Company, Inc., Appellant
268 A.D. 1004·New York Supreme Court, Appellate Division·1944·NY
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Opinion
Eleanor Mocarski, as Administratrix of the Estate of Frank Mocarski, Deceased, Respondent, v. Transit-Mix Concrete Company, Inc., Appellant.
[MAJORITY]
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.]