Micale v. Pumphret

Keniston, G. J.

The plaintiff seeks to recover for injuries sustained by being struck by a piece of metal which came from apparatus being used by the defendant in raising a disabled truck. The plaintiff was standing on the sidewalk watching the defendant and in the exercise of due care.

*73There was evidence from which the court could have found the following facts:

The defendant backed a wrecking truck in front of a disabled truck. The truck was equipped for lifting and towing disabled cars with a winch, steel cable and chain. There was an eye bolt at the end of the cable. The defendant used a…