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.