44 N.Y.S. 265 | N.Y. Sup. Ct. | 1897
The defendants are coal dealers, and the plaintiff was a driver on one of their coal wagons, which was unloaded by a , brake and crank. On March 12, 1895, the plaintiff started out with a load of coal for delivery. He had used the wagon for about eight days prior to that time. Before leaving the yard on his first delivery, he observed that the brake was broken, whereupon the foreman said it was safe enough without the brake, as it could be unloaded by the chain. While attempting to unload in this man
The verdict must be set aside, and a new trial granted.