# Shinbaum v. Murphy > New York Court of Appeals · March 5, 1942 · 287 N.Y. 529 URL: https://www.frixlaw.com/law-library/cases/3603270 ## Case - **Full name:** Florence Shinbaum Et Al., Respondents, v. Ella M. Murphy Et Al., Defendants, and Cross & Brown Company, Appellant - **Court:** New York Court of Appeals - **Decided:** March 5, 1942 - **Citations:** 287 N.Y. 529; 41 N.E.2d 85; 1942 N.Y. LEXIS 1093 - **Precedential status:** Published - **Opinion:** Opinion of the court - **Judges:** Per Curiam. - **Cited by:** 0 later opinions in the Frix Law Library ## Citator (automated) - No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases. - Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3603270 ## Opinion text *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. --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3603270. Public record. Not legal advice.