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Rodzborski v. American Sugar Refining Co.

156 N.Y.S. 1142 Court N.Y. App. Div. Decision date 1915-12-24 English

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p. 1142
John RODZBORSKI, respondent, v. AMERICAN SUGAR REFINING COMPANY OF NEW YORK, appellant.
(Supreme Court, Appellate Division, Second Department.
December 24, 1915.)

Judgment and order reversed, with costs, and complaint dismissed, with costs, on the ground that either act imputed to Balder, the superintendent, in the submission, was a mere detail of the work, which would not charge the master at common law. Jenks, P. J., and Stapleton and Mills, JJ., concur. Carr and Rich, JJ., vote to affirm.