Christopher v. Railway Express Agency, Inc.

Appeal by defendant from a judgment for damages on account of personal injuries, and from an order denying a motion for a new trial on the ground of newly-discovered evidence. Plaintiff, with others, was removing an ice-cream counter weighing more than one thousand pounds, from the basement of a store in Schenectady. He was at the front. It was being rolled toward or into a chute which extended from the basement level to the street. An employee of the defendant sent a box of merchandise down the chute from the street. It stmek plaintiff in the back and threw him against the counter, inflicting numerous