Dobson v. Bay Ridge Operating Co.

Finch, J. (dissenting):

The finding of the jury establishes as matter of fact that there was an insufficient number of men to handle the draft and that such fact was called to the attention of the foreman in charge of the work. Also that the insufficiency in the number of men employed was the proximate cause of the accident. While the wheels became separated because the chain became unhooked, the chain became unhooked because the number of men employed was insufficient to manipulate the heavy draft. The case of Dair v. New York & P. R. Steamship Co. (204 N. Y. 341), relied on as authority for…