Feldman v. Washburn Wire Company

Full title: HERMAN FELDMAN, Respondent, v . WASHBURN WIRE COMPANY, Appellant

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Jul 1, 1916

174 App. Div. 905 (N.Y. App. Div. 1916)

Opinion

July, 1916.

Present — Clarke, P.J., McLaughlin, Scott, Smith and Page, JJ.

PER CURIAM:

There is no claim of negligence on the ground that the machine was not properly guarded. The verdict of the jury that the plaintiff was free from contributory negligence and that the defendant was chargeable with negligence is against the weight of the evidence. The findings of the jury are reversed and the judgment reversed and a new trial granted, with costs to the appellant to abide the event.

PER CURIAM:

Judgment and order reversed and new trial ordered, with costs to appellant to abide event.