McCarthy v. Central Concrete Mixing Corp.

Appellate Division of the Supreme Court of New York

McCarthy v. Central Concrete Mixing Corp.

243 A.D. 720

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 15, 1935

StatusPublished

This text of 243 A.D. 720 (McCarthy v. Central Concrete Mixing Corp.) 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.

Bluebook

McCarthy v. Central Concrete Mixing Corp., 243 A.D. 720 (N.Y. Ct. App. 1935).

Pincite

Opinion

In action to recover for injuries sustained by plaintiff who was caught in the blades or arms of a revolving agitator in the interior of a truck loaded with liquid cement, judgment dismissing the complaint reversed on the law and a [721]*721new trial granted, with costs to appellant to abide the event. Plaintiff was not guilty of contributory negligence as matter of law. There was a question of fact for submission to the jury as to negligence of defendant in failing to provide a safeguard against the blades and arms of the agitator within the body of the truck. Lazansky, P. J., Hagarty, Seudder, Tompkins and Davis, JJ., concur.

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In action to recover for injuries sustained by plaintiff who was caught in the blades or arms of a revolving agitator in the interior of a truck loaded with liquid cement, judgment dismissing the complaint reversed on the law and a [721]*721new trial granted, with costs to appellant to abide the event. Plaintiff was not guilty of contributory negligence as matter of law. There was a question of fact for submission to the jury as to negligence of defendant in failing to provide a safeguard against the blades and arms of the agitator within the body of the truck. Lazansky, P. J., Hagarty, Seudder, Tompkins and Davis, JJ., concur.

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Bluebook (online)

243 A.D. 720, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccarthy-v-central-concrete-mixing-corp-nyappdiv-1935.