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Norman v. Atlantic Basin Iron Works

159 N.Y.S. 1131 Court N.Y. App. Div. Decision date 1915-11-24 English

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p. 1131
Carl A. NORMAN, respondent, v. ATLANTIC BASIN IRON WORKS, appellant.
(Supreme Court. Appellate Division, Second Department.
November 24, 1915.)

Judgment and order reversed, and new trial granted, costs to abide the event, on the ground that the court erred in submitting to the jury the question whether the hack should have been used, inasmuch as the evidence shows that it was never used except when the iron was heated. Jenks, P. J., and Thomas, Oarr, and Mills, JJ., concur. Rich, J., votes to affirm.