Court of Appeals for the Second Circuit November 12, 1928, No. 48 (Flannery v. New York, O. &. W. R. Co.)

L. HAND, Circuit Judge

(after stating the facts as above). [1,2] While the charge given was too broad, the error was in our opinion harmless, because the judge should have directed a verdict for the defendant anyway. There were three charges of negligence: Failure to give the plaintiff any warning, removing the string with notice of his presence, and neglect of proper rules.