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McCarthy v. Central Concrete Mixing Corporation

Appellate Division of the Supreme Court of New York, Second Department
Feb 1, 1935
243 App. Div. 720 (N.Y. App. Div. 1935)

Opinion

February, 1935.


In action to recover for injuries sustained by plaintiff who was caught in the blades or arms of a revolving agitator in the interior of a truck loaded with liquid cement, judgment dismissing the complaint reversed on the law and a new trial granted, with costs to appellant to abide the event. Plaintiff was not guilty of contributory negligence as matter of law. There was a question of fact for submission to the jury as to negligence of defendant in failing to provide a safeguard against the blades and arms of the agitator within the body of the truck. Lazansky, P.J., Hagarty, Scudder, Tompkins and Davis, JJ., concur.


Summaries of

McCarthy v. Central Concrete Mixing Corporation

Appellate Division of the Supreme Court of New York, Second Department
Feb 1, 1935
243 App. Div. 720 (N.Y. App. Div. 1935)
Case details for

McCarthy v. Central Concrete Mixing Corporation

Case Details

Full title:DAVID McCARTHY, Appellant, v. CENTRAL CONCRETE MIXING CORPORATION…

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

Date published: Feb 1, 1935

Citations

243 App. Div. 720 (N.Y. App. Div. 1935)