Opinion
December 24, 1926.
Appeal from the Municipal Court, Borough of Manhattan, First District.
John P. Smith, for the appellant.
Joseph L. Ranzenhofer, for the respondent.
Judgment as to appellant Candee, Smith Howland Co., Inc., reversed and complaint dismissed as to it, with thirty dollars costs, on the ground that defendant Muller was an independent contractor engaged by the defendant, appellant, by the day, and at the time of the accident Muller was on his way to the place of business of the corporate defendant, and not doing its work.
All concur; present, DELEHANTY, LYDON and O'MALLEY, JJ.