New York Court of Appeals, 1948

Burton v. American Bridge Co.

Burton v. American Bridge Co.
New York Court of Appeals · Decided May 20, 1948 · <italic>Per Curiam.</italic>
80 N.E.2d 366; 297 N.Y. 993; 1948 N.Y. LEXIS 1068 (North Eastern Reporter, Second Series)

Burton v. American Bridge Co.

Opinion of the Court

Per Curiam.

There is evidence in the record which presented a question of fact for the jury whether at the time of the accident the crane operator, Kemp, was the servant of the defendant American Bridge Company. It was error to hold as a matter of law that he was the ad hoc employee of the Arthur A. Johnson Co. (Bartolomeo v. Bennett Contr. Co., 245 N. Y. 66; Ramsey v. New York Central R. R. Co., 269 N. Y. 219; Kristiansen v. Wagner’s Steel Erectors, Inc., 295 N. Y. 668). The judgments should be reversed, the verdict reinstated and judgment directed to be entered thereon in favor of plaintiff, with costs in all courts.

Loijghban, Ch. J., Lewis, Conway, Desmond, Thacheb, Dye and Ftjld, JJ., concur.

Judgments reversed, etc. [See 298 N. Y. —.]

Case-law data current through December 31, 2025. Source: CourtListener bulk data.