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Paul v. Westinghouse, Church, Kerr & Co.

111 N.Y.S. 1133 Court N.Y. App. Div. Decision date 1908-06-18 English

Contents

Majority

p. 1133
PAUL, Respondent, v. WESTINGHOUSE, CHURCH, KERR & CO., Appellant.
(Supreme Court, Appellate Division, Second Department.
June 18, 1908.)

Headnote

Action by Harry Paul against Westinghouse, Church, Kerr & Co.

Judgment and order of the Municipal Court reversed, and new trial order

p. 1134
ed, costs to abide the event, on the ground that the court erred in its refusal to charge that Adler was not a fellow servant and that his negligence would not suffice to enable the plaintiff to recover. See 99 N. Y. Supp. 356 .

RICH, J., dissents.