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

Appellate Division of the Supreme Court of the State of New York·Decided February 15, 1935·Published

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.

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

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