Lotherington v. Syracuse Rapid Transit Railway Co.

Judgment of county court reversed, and judgment of the municipal court affirmed, with costs. While the plaintiff and the defendant’s employé Harrison were not coemployés as matter of law, what the latter said at the time of the accident was suggestive and advisory merely; and he was not authorized, nor did he attempt, to give the plaintiff or his associates orders in the premises, and therefore the defendant is not liable.