Bratt v. Midland Asphalt Corp.

New York Court of Appeals

Bratt v. Midland Asphalt Corp.

8 N.Y.2d 963, 204 N.Y.S.2d 191

CourtNew York Court of Appeals

DecidedJuly 8, 1960

StatusPublished

Cited by8 cases

This text of 8 N.Y.2d 963 (Bratt v. Midland Asphalt Corp.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bratt v. Midland Asphalt Corp., 8 N.Y.2d 963, 204 N.Y.S.2d 191 (N.Y. 1960).

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Opinion

Judgment reversed and a new trial granted, with costs to abide the event, upon the ground that the evidence in this case created a question of fact as to the nature of the relationship between defendant-respondent and defendant trucker. It, therefore, was error for the trial court to charge that defendant trucker was an independent contractor as a matter of law (Johnson v. B. T. K. Petroleum Co., 289 N. Y. 101). No opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster.

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Judgment reversed and a new trial granted, with costs to abide the event, upon the ground that the evidence in this case created a question of fact as to the nature of the relationship between defendant-respondent and defendant trucker. It, therefore, was error for the trial court to charge that defendant trucker was an independent contractor as a matter of law (Johnson v. B. T. K. Petroleum Co., 289 N. Y. 101). No opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster.

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Bluebook (online)

8 N.Y.2d 963, 204 N.Y.S.2d 191, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bratt-v-midland-asphalt-corp-ny-1960.

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