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JACOB v. CITY OF NEW YORK

No. 243.

119 F.2d 800 (1941)

JACOB v. CITY OF NEW YORK.

Circuit Court of Appeals, Second Circuit.

May 5, 1941.

Attorney(s) appearing for the Case

Silas B. Axtell, of New York City (Dominick Blasi, of Brooklyn, N. Y., of counsel), for appellant.

William C. Chanler, Corp. counsel, of New York City (Paxton Blair and Alfred T. White, both of New York City, and Leon Shaw, of Brooklyn, N. Y., of counsel), for appellee.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

PER CURIAM.

The first cause of action was dismissed on the defendant's motion at the close of the plaintiff's case upon the ground that he had failed to prove facts sufficient to justify submitting to the jury the issue of the defendant's negligence. The plaintiff's story of the accident was briefly as follows: For many years he had been in the employ of the city as a water tender on its ferryboats. While working in the boiler room of the "Dongan Hills" on October...

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