Mollino v. Ogden Clarkson Corporation

Full title: ANTONIO MOLLINO, Respondent, v. OGDEN CLARKSON CORPORATION and Another…

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

Date published: Mar 1, 1926

216 App. Div. 738 (N.Y. App. Div. 1926)

Opinion

March, 1926.

Appeal from Supreme Court, New York County.

Present — Dowling, Merrell, McAvoy and Martin, JJ.; Martin, J., dissents in part in opinion.

Judgment and order affirmed, with costs. No opinion.

MARTIN, J. (dissenting in part):

I concur in the affirmance of the judgment as to the owner, Thomas L. Feitner, but I dissent and vote for reversal and a new trial as to the agent, Ogden Clarkson Corporation, especially in view of the charge to the jury that if one defendant was liable both were liable. Even though the owner should be held liable, the agent would not necessarily be liable. Under this charge, the owner being liable, the agent must be held liable.