Rossi v. Procter & Gamble Co.

Judgment and order reversed and new trial granted, costs to abide the event, on the ground that questions Of fact were presented which ought-to have been submitted to the jury. We are of opinion that the evidence shows that plaintiff and defendant’s engineer were not fellow-servants. Hirschberg, Thomas, .Carr and Rich, JJ., concurred; Jenks, P. J., dissented.