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Purcell v. Delaware, Lackawanna & Western Railroad

185 A.D. 904 Court N.Y. App. Div. English

Contents

Majority

p. 904
John F. Purcell, Respondent, v. Delaware, Lackawanna and Western Railroad Company, Appellant.

Headnote

Judgment and order reversed, with costs, and complaint dismissed, with costs.

Held, that the record upon this appeal, as did the one upon the former appeal [See 179 App. Div. 956 ], shows that Huber, at the time of the accident, was loaned by the defendant to the trucking company and was in the employ of the latter rather than of the former, and that for such reason the verdict as to the negligence of the defendant is without evidence to support it. All concurred.