District Court, S.D. New York December 9, 1960 (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.