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COONS v. WASHINGTON MIRROR WORKS, INC.

No. 433, Docket 72-1527.

477 F.2d 864 (1973)

William E. COONS, Plaintiff-Appellant, v. WASHINGTON MIRROR WORKS, INC. and Electric Motors Corp., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided April 2, 1973.

Rehearing Filed April 13, 1973.

Rehearing Denied May 8, 1973.

Attorney(s) appearing for the Case

Charles Glatzer, New York City, of counsel (Glatzer & Silver, New York City, on the brief), for plaintiff-appellant.

John F. Scully, New York City (Smith & Griffin, and Richard D. Smith, New York City, on the brief), for Washington Mirror Works, Inc.

Murray L. Lewis, New York City (Fuchsberg & Fuchsberg, New York City, on the brief), for Electric Motors Corp.

Before ANDERSON, FEINBERG and MULLIGAN, Circuit Judges.

ROBERT P. ANDERSON, Circuit Judge:

On June 11, 1969, William Coons, a truck driver, delivered a load of glass to Washington Mirror Works' Bronx warehouse. As one of the crates of glass was being unloaded by means of an electric overhead hoist designed and installed by Electric Motors, one of the wheels of the hoist slipped off the track along which it moved laterally. As a result, the crate, which weighed approximately 1100 pounds, fell on Coons' right leg, pinning...

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