Mattina v. Commercial Cable Co.

GALSTON, District Judge.

This action was removed from the State Supreme Court, County of Kings, on the petition of the defendant. The action was- tried without a jury. Originally the Commercial Cable Co., Inc. was also a party defendant, but by stipulation of December 8, 1952 the action was discontinued against that defendant.

The complaint sets forth that on August 9, 1952, at about 9:45 A.M., the plaintiff Frank Mattina was engaged in fishing on a fishing boat owned by the coplaintiff, his wife, off Rockaway Point, and that he sustained personal injuries when the defendant, through the…