Opinion

Shinbaum v. Murphy

  • 287 N.Y. 529
  • 41 N.E.2d 85
  • 1942 N.Y. LEXIS 1093
Court
New York Court of Appeals
Filed
Mar 5, 1942
Status
Published
On the bench
<italic>Per Curiam.</italic>
Cited by
0 cases
Authority
More cited than 41.9%

The opinion

*531

Per Curiam.

We think the courts below erred in declaring as an inference of law that the codefendant Murphy was the servant of the defendant-appellant Cross & Brown Company rather than an independent contractor. Whether the one relation or the other existed between them was a question for the jury. (See

Fritz

v.

Krasne,

273 N. Y. 649 ;

Irwin

v.

Klein,

271 N. Y. 477 ;

Matter of Glielmi

v.

Netherland Dairy Co.,

254 N. Y. 60 .)

The judgments should be reversed and a new trial granted, with costs to abide the event.

Loughran, Rippey, Lewis, Conway and Desmond, JJ., concur; Lehman, Ch. J., and Finch, J., taking no part.

Judgments reversed, etc.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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