Mollino v. Ogden & Clarkson Corp.

Judgment and order affirmed, with costs. • No opinion. Present — Dowling, Merrell, McAvoy and Martin, JJ.; Martin, J., dissents in part in opinion.

I concur in the affirmance of the judgment as to the owner, Thomas L. Feitner, but I dissent and vote for reversal and a new trial as to the agent, Ogden & Clarkson Corporation, especially in view of the charge to the jury that if one defendant was liable both were liable. Even though the owner should be held liable, the agent would not necessarily be liable. Under this charge, the owner being liable, the agent must be held liable.