Campana v. Fadale

Full title: HUMBERT J. CAMPANA, Appellant, v. ANTHONY FADALE, Respondent

Court: Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Mar 25, 1942

263 App. Div. 1064 (N.Y. App. Div. 1942)

Opinion

March 25, 1942.

Present — Cunningham, Taylor, Dowling, Harris and McCurn, JJ.

Judgment reversed on the law and facts and new trial granted, with costs to the appellant to abide the event, on the ground that the question of whether plaintiff's injuries were received in the course of his employment was a question of fact. ( Shountz v. Schwegler Brothers, Inc., 259 App. Div. 446.) All concur. (The judgment is for defendant in an automobile negligence action.)