Hyperlawhypertext legal database Feldman v. Washburn Wire Co. 160 N.Y.S. 1129

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Feldman v. Washburn Wire Co.

160 N.Y.S. 1129 Court N.Y. App. Div. Decision date 1916-07-10 English

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p. 1129
Herman FELDMAN, Respondent, v. WASHBURN WIRE COMPANY, Appellant.
(Supreme Court, Appellate Division, First Department.
July 10, 1916.)

Headnote

Appeal from Trial Term, New York County. Action by Herman Feldman against the Washburn Wire Company. From a judgment for plaintiff on the verdict, and from an order denying a motion for a new trial, defendant appeals. Reversed and remanded.

There is no claim of negligence on the ground that the machine was not properly guarded. The verdict of the jury that the plaintiff was free from contributory negligence and that the defendant was chargeable with negligence is against the weight of the evidence. The findings of the jury are reversed, and the judgment reversed and a new trial granted, with costs to the appellant to abide the event. Order filed.