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Burton v. American Bridge Co.

297 N.Y. 993 Court N.Y. Decision date 1948-05-20 English

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p. 993
Arthur Burton, Appellant, v. American Bridge Co., Respondent, et al., Defendants.
Argued April 14, 1948;
decided May 20, 1948.
p. 994
Edward Lazansky, Melvin Sacks, Ralph Stout and Harry A. Gair for appellant.
Nathan L. Miller, Thomas F. Lynch, Mark F. Hughes and Raymond C. Murphy for respondent.

There is evidence in the record which presented a question of fact for the jury whether at the time of the accident the crane operator, Kemp, was the servant of the defendant American Bridge Company. It was error to hold as a matter of law that he was the ad hoc employee of the Arthur A. Johnson Co. (Bartolomeo v. Bennett Contr. Co., 245 N. Y. 66 ; Ramsey v. New York Central R. R. Co., 269 N. Y. 219 ; Kristiansen v. Wagner’s Steel Erectors, Inc., 295 N. Y. 668 ). The judgments should be reversed, the verdict reinstated and judgment directed to be entered thereon in favor of plaintiff, with costs in all courts.

Loijghban, Ch. J., Lewis, Conway, Desmond, Thacheb, Dye and Ftjld, JJ., concur.

Judgments reversed, etc. [See 298 N. Y. —.]

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