Schelhorn v. Westcott Express Co.

Judgment reversed and new trial granted, costs to abide the event, on the ground that the question whether the emergency employment had not terminated, so that the plaintiff and the chauffeur were no longer fellow-servants, was a question of fact for the jury. Jenks, P. J., Mills and Putnam, JJ., concurred; Thomas, J., concurred, and is also of opinion that the question of emergency servant is not present in' the case.