McManus v. Long Island Railroad

159 N.Y.S. 1126 Court N.Y. App. Div. Decision date 1916-06-16 English

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Majority

p. 1126

Mary McMANUS, appellant, v. LONG ISLAND RAILROAD COMPANY, respondent.

(Supreme Court, Appellate Division, Second Department.

June 16, 1916.)

Judgment and order reversed, and new trial granted, costs to abide the event, on the ground that plaintiff was, entitled to the instruction to the jury that Ward, the motorman, as matter of law, was the servant of the defendant at the time of plaintiff’s injury. Jenks, P. J., and Thomas, Carr, Mills, and Putnam, JJ., concur.