Appellate Division of the Supreme Court of New York, 1913

Franze v. American Woolen Co.

Franze v. American Woolen Co.
Appellate Division of the Supreme Court of New York · Decided April 15, 1913
156 A.D. 917; 141 N.Y.S. 1119
Franze v. American Woolen Co.

Opinion of the Court

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 machine, 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 *918so justified, defendant was negligent. Jenks, P. J., Hirsehberg, Thomas, Carr and Rich, JJ., concurred.

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