Smith v. Man Ho Rope Manufacturing Co.

Order unanimously af*943firmed with costs. Memorandum: Plaintiff commenced this action to recover damages for injuries he sustained while unloading grain at a grain elevator owned by his employer, third-party defendant, Con Agra, Inc. (Con Agra). His injuries were sustained when the cable snapped on a car puller, a device used to move rail cars along the tracks adjacent to the elevator. Defendant T. H. Green Electrical Co., Inc. (Green), was hired by Con Agra to repair the car puller’s electric motor on four occasions in the two months preceding plaintiff’s accident. Plaintiff alleges that…