O'Brien v. Stern Bros.

176 A.D. 937 Court N.Y. App. Div. English

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Majority

p. 937

Frank O’Brien, as Administrator, etc., of Thomas O'Brien, Deceased, Respondent, v. Stern Brothers, Appellant.

Judgment and order affirmed, with costs. No opinion. Thomas, Stapleton, Mills and Rich, JJ., concurred; Carr, J., voted for a new trial on the ground that the verdict that defendant’s driver was engaged in the business of the defendant, his master, is against the weight of evidence.