Marino v. American President Lines, Ltd.

HERLANDS, District Judge.

The question before the court is presented by the defendant’s motion made at the close of plaintiff’s case to dismiss the complaint and for a directed verdict.

The accident in this personal injury action occurred when the moving fork lift. *682truck (sometimes called a Hi-Lo) driven by defendant’s employee (Charles W. Hill) hit the stationary truck on which plaintiff was piling bales of jute. The Hi-Lo had just discharged some bales onto the truck on which the plaintiff and his helper (Nathaniel Washington) were working as loaders. The Hi-Lo then backed away and was going…