Pushcart v. New York Shipbuilding Co.

The opinion of the court was delivered by

Bergen, J.

The plaintiff brought this action to recover from the defendant for injuries which he suffered while in the employment of the defendant because of the negligence of the defendant in not furnishing a proper tool to a fellow workman. The result of the trial was a verdict in favor of the plaintiff for $3,500, and upon application by the defendant a rule to show cause why a new trial should not be granted was allowed, in support of which numerous reasons are assigned, not all of which were pressed at the argument.

The first matter urged is that…