Graziano v. McGrath Contracting Co.
This text of 212 A.D. 823 (Graziano v. McGrath Contracting Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Judgment and order reversed upon the law and the facts, and a new trial granted, costs to abide the event. At the conclusion of the court’s charge, appellant’s attorney requested that the jury be charged that if they found that the appellant had supplied and had close to the scene of the work plenty of good rope, and the foreman selected or handed out a poor piece of rope, which was the cause of the accident, this defendant, appellant, [824]*824cannot be held responsible. Appellant was entitled to have this charge made as requested, and without remarks by the court which robbed it of its force. A new trial is, therefore, granted in the interest of justice. Kelly, P. J., Jaycox, Kelby and Young, JJ., concur; Kapper, J., dissents.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
212 A.D. 823, Counsel Stack Legal Research, https://law.counselstack.com/opinion/graziano-v-mcgrath-contracting-co-nyappdiv-1925.