Brighetti v. Consolidated Rail Corp.

On September 29, 1976, the plaintiff Brighetti was injured when his foot and ankle were mashed by a rotating screw auger that was being used at the time to unload grain from a railroad car. The accident occurred at a siding owned by the defendant Consolidated Rail Corporation (Conrail), with an oral “lease” to G.D. Poultry, Inc. (Poultry), Brighetti’s employer, to install and operate the auger.

After the plaintiff presented his proof and rested, the defendant chose to rest, and moved for a directed verdict essentially on the ground of insufficient evidence to go to the jury. The judge denied…