Davis v. Wilson Freight Co.

Judgment unanimously affirmed, without costs. Memorandum: It is not necessary for the determination of this appeal to determine the status of appellant. Having been adjudicated guilty of negligence, he has no cause of action against the respondent, either as employee or independent contractor. (Appeal from judgment of Erie Special Term in action on default judgment.) Present—Marsh, P. J., Moule, Cardamone, Mahoney and Goldman, JJ.