Rossi v. Procter Gamble Company

Full title: Antonio Rossi, Appellant, v. The Procter Gamble Company, Respondent

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

Date published: Apr 1, 1913

156 App. Div. 920 (N.Y. App. Div. 1913)

Opinion

April, 1913.

Judgment and order reversed and new trial granted, costs to abide the event, on the ground that questions of fact were presented which ought to have been submitted to the jury. We are of opinion that the evidence shows that plaintiff and defendant's engineer were not fellow-servants. Hirschberg, Thomas, Carr and Rich, JJ., concurred; Jenks, P.J., dissented.