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Rossi v. Proctor & Gamble Co.

141 N.Y.S. 1144 Court N.Y. App. Div. Decision date 1913-04-30 English

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p. 1144
ROSSI, Appellant, v. PROCTOR & GAMBLE CO., Respondent.
(Supreme Court, Appellate Division, Second Department.
April 30, 1913.)

Headnote

Action by Antonio Rossi against the Proctor & Gamble Company.

Judgment and order reversed, and new trial granted, costs to abide the event, on the ground that questions of fact were presented which ought to have been submitted to the jury. We are of the opinion that the evidence shows that plaintiff and defendant’s engineer were not fellow servants.

JENKS, P. J., dissents.