Carberry v. Acme Transit Co.
District Court, W.D. New York
At Law. Action by John F. Carberry against the Acme Transit Company. Verdict for plaintiff. On defendant’s motion for-new trial.
1Opinion of the Court
HAZEL, District Judge.
[1] The principal objection to the instructions given the jury is that the court assumed that the plaintiff did not know that, while he was pulling on the wheel of the winch and winding it up, other workmen were engaged in hauling the cable, which suddenly slackened and crushed his fingers in the cog of the wheel, when it was practically admitted by him that he knew that the witness Harrington, who was in charge of the steamer and the other workmen, was engaged in hauling on the steel cable just before the plaintiff sustained injuries. The instructions of the court on…
2Cases cited4 opinions
- Van Sickel v. IlsleyNew York Supreme Court · 1894
- Borgeson v. United States Projectile Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Eldridge v. Atlas Steamship Co.New York Supreme Court · 1890
- Teeft v. Buffalo Dry Dock Co.Appellate Division of the Supreme Court of the State of New York · 1911
3Cited by1 opinion
- Cunningham v. Pennsylvania R. Co.District Court, E.D. New York · 1944