Garber v. Levine

This is an action of tort for personal injuries, sustained by the plaintiff while engaged in the employment of the defendant. The defendant was not insured under the workmen’s compensation act. At the close of the evidence, the defendant moved that a verdict be directed for him upon all the evidence. This motion was denied by the trial judge and the defendant duly excepted.

*487Putting to one side all testimony unfavorable to the alleged cause of action, the remaining testimony in support of the contentions of the plaintiff that there was on his part no contractual assumption of risk and that the…