
    Herbert E. Hawes, v. Abram V. Whiteman.
    N. Y. C. P. General Term,
    January 7, 1895.
    Appeal from First district court.
    
      Fernando Solinger, for app’lt; Walter D. Edmunds, for resp’t.
   Per Curiam.

No sufficient reason appears for reversing this judgments The plaintifi testified positively that he had made three coils per minute—the number the contract called for—upon the machine before it was delivered On the other hand, the defendant's witness Washburn testified that he could make only about one per minute. The plaintiff claims he was not a com petent workman, and had not operated the machine long enough to acquire dexterity and speed, which seems reasonable, as it is conceded that only 720 coils were made in all, which would be only about 12 hours’ work at the rate of one coil per minute. This fact also reflects upon the credibility of Wash-burn, who testified that he “worked at it steadily all day for two or three weeks.” Besides, it is undisputed that, owing to Washburn’s inability to sec clearly the progress of the wire in the machine, and to check the revolution at the proper point, an automatic stop was put on, which necessitated a reversal each time a coil was made, ami thereby increased the time required It is to be inferred that this same contrivance was still upon the machine when Lauer made his trial, although there is no direct evidence upon the point, Judgment affirmed, with costs.  