No questions of fact have been considered. In our opinion, the trial court's comments in refusing appellant's request to charge relative to the tool box improperly removed from the jury's consideration the presence of the tool box, which the jury could have taken into account in determining whether the accident happened in the manner claimed by plaintiff (Piwowarski v. Cornwell, 273 N.Y. 226, 229; Zizzi v. Evans,
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WOEST v. SHOR'S CATERING CORP.
31 A.D.2d 660 (1968)
Karl Woest, Respondent, v. Shor's Catering Corp., Defendant, and Hewlett Catering Corp., Doing Business as Shor's Restaurant, Appellant
Appellate Division of the Supreme Court of the State of New York, Second Department.https://leagle.com/images/logo.png
December 23, 1968
December 23, 1968
Appellate Division of the Supreme Court of the State of New York, Second Department.
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