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Liberta v. Rapid Coaling Co.

206 A.D. 716 Court N.Y. App. Div. English

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p. 716
Saverio Liberta, Respondent, v. Rapid Coaling Company, Appellant.

Judgment and order denying motion for a new trial reversed upon the law and the facts, with costs to abide the event, and a new trial granted, upon the ground that the negligence, if any, was solely that of Sorace, whose act of omission was a mere detail of the work, and the act of a fellow-servant. Kelly, P. J., Manning, Kelby, Young and Kapper, JJ., concur.