Opinion
Argued November 26, 1940
Decided December 31, 1940
Appeal from the Supreme Court, Appellate Division, First Department, McGEEHAN, J.
Herbert S. Klein and Louis Rothbard for appellant.
William B. Davis and E.C. Sherwood for respondent.
Judgments reversed and new trial granted, with costs to abide the event, on the ground that the question of whether the engineer was acting as the servant of the defendant presents at least a question of fact. No opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, SEARS, LEWIS and CONWAY, JJ.