
    John Fives, Respondent, v. Compagnie Generals Transatlantique, Appellant.
    
      Negligence — ships and shipping — longshoreman injured while clearing loading gear from ship — defective winch.
    
    
      Fives v. Compagnie Generate Transatlantique, 216 App. Div. 799, affirmed.
    (Argued January 26, 1927;
    decided February 23, 1927.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 28,1926, modifying and affirming as modified a judgment in favor of plaintiff entered upon a verdict in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant, his employer. Plaintiff, a longshoreman who had been engaged in loading cargo on one of defendant’s steamships and was clearing away the gear preparatory to its sailing, was struck by a landing skid which had been hoisted preparatory to its removal to the dock and received the injuries complained of. It was contended that the accident was caused by a defect in the steam winch used for hoisting.
    
      Joseph P. Nolan, Edward J. Qarity and Frank T. Hendí for appellant.
    , Harold B. Medina and Joseph Levy for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cabdozo, Ch. J., Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ.  