Lomoriello v. Tibbetts Contracting Corp.

In an action to recover damages for personal injury due to defendant’s alleged negligence in storing and handling explosives, plaintiff appeals from a judgment of the Supreme Court, Westchester County, entered March 27, 1962 after a jury trial, dismissing the complaint at the end of plaintiff’s case. Judgment reversed on the law and a new trial granted, with costs to plaintiff to abide the event. Ho questions of fact were considered. Plaintiff, 42 years of age, was injured when an unexploded dynamite detonating cap, which had been found by his infant son at the site of defendant’s road…