We think the courts below erred in declaring as an inference of law that the codefendant Murphy was the servant of the defendant-appellant Cross & Brown Company rather than an independent contractor. Whether the one relation or the other existed between them was a question for the jury. (See Fritz v. Krasne, 273 N. Y. 649; Irwin v. Klein, 271 N. Y. 477; Matter of Glielmi v. Netherland Dairy Co., 254 N. Y. 60.)

The judgments should be reversed and a new trial granted, with costs to abide the event.

Loughran, Rippey, Lewis, Conway and Desmond, JJ., concur; Lehman, Ch. J., and Finch, J., taking no part.

Judgments reversed, etc.