Malachowski v. Edward Smith Packing Co.

Appellate Division of the Supreme Court of New York

Malachowski v. Edward Smith Packing Co.

272 A.D.2d 1099

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 12, 1947

StatusPublished

This text of 272 A.D.2d 1099 (Malachowski v. Edward Smith Packing Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Malachowski v. Edward Smith Packing Co., 272 A.D.2d 1099 (N.Y. Ct. App. 1947).

Pincite

Opinion

Judgment and order reversed on the law and a new trial granted, with costs to the appellant to abide the event, on the ground that the question of whether plaintiff and the driver of the car in which he was riding were fellow servants engaged in the same employ and in the course of such employment at the time of the accident was a question of fact which should have been submitted to the jury, and refusal to do so was reversible error. All concur, except Harris and Larkin, JJ., who dissent and vote for affirmance. (The judgment is for plaintiff against defendant Packing Company in an automobile negligence action. The order denies a motion for a new trial.) Present — Dowling, Harris, McCurn, Larkin and Love, JJ.

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Judgment and order reversed on the law and a new trial granted, with costs to the appellant to abide the event, on the ground that the question of whether plaintiff and the driver of the car in which he was riding were fellow servants engaged in the same employ and in the course of such employment at the time of the accident was a question of fact which should have been submitted to the jury, and refusal to do so was reversible error. All concur, except Harris and Larkin, JJ., who dissent and vote for affirmance. (The judgment is for plaintiff against defendant Packing Company in an automobile negligence action. The order denies a motion for a new trial.) Present — Dowling, Harris, McCurn, Larkin and Love, JJ.

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Bluebook (online)

272 A.D.2d 1099, Counsel Stack Legal Research, https://law.counselstack.com/opinion/malachowski-v-edward-smith-packing-co-nyappdiv-1947.