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MACCARONE v. A/S INGER

No. 50, Docket 25125.

262 F.2d 569 (1959)

John MACCARONE, Plaintiff-Appellee, v. A/S INGER, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided January 6, 1959.

Attorney(s) appearing for the Case

Robert Klonsky, Brooklyn, N. Y. (DiCostanzo & Klonsky, Brooklyn, N. Y., on the brief), for plaintiff-appellee.

Allan A. Baillie, New York City (Nelson, Healy, Baillie & Burke, and O. Taft Nelson and Robert M. Atkinson, New York City, on the brief), for defendant-appellant.

Before CLARK, Chief Judge, and HINCKS and LUMBARD, Circuit Judges.

PER CURIAM.

The defendant urges three grounds for reversal: (1) the judge's refusal to charge upon the plaintiff's alleged contributory negligence; (2) a lack of proof of causal relationship between an overriding turn of the up-and-down cable on its drum and the accident; and (3) a failure to charge the jury that the plaintiff was being compensated under New York Workmen's Compensation Law, § 1 et seq., and would have to reimburse

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