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Bratt v. Midland Asphalt Corp.

8 N.Y.2d 963 Court N.Y. Decision date 1960-07-08 English

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Majority

p. 963
Frank Bratt et al., Appellants, v. Midland Asphalt Corporation, Respondent.
Argued May 24, 1960;
decided July 8, 1960.
p. 965
John L. Goodell for appellants.
J. Edmund De Castro, Jr., for respondent.

Judgment reversed and a new trial granted, with costs to abide the event, upon the ground that the evidence in this case created a question of fact as to the nature of the relationship between defendant-respondent and defendant trucker. It, therefore, was error for the trial court to charge that defendant trucker was an independent contractor as a matter of law (Johnson v. B. T. K. Petroleum Co., 289 N. Y. 101 ). No opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster.

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