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Franze v. American Woolen Co.

141 N.Y.S. 1119 Court N.Y. App. Div. Decision date 1913-04-30 English

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p. 1119
FRANZE, Respondent, v. AMERICAN WOOLEN CO., Appellant.
(Supreme Court, Appellate Division, Second Department.
April 30, 1913.)

Headnote

Action by Giuseppe Franze by his guardian ad litem, Felix Pereira, against the American Woolen Company.

Judgment and order reversed, and new trial granted, costs to abide the event, upon the ground that the only question that should have been submitted to the jury is whether the foreman directed plaintiff to take wool from the máchine, and whether plaintiff was justified, in the absence of instructions as to the nature of the machine, in attempted compliance with the. order to put his hand between the rollers, and whether, if the order was given, and plaintiff was so justified, defendant was negligent.