Legal Opinion
Johnson v. R. T. K. Petroleum Co.
New York Court of Appeals
Decided July 29, 1942PublishedCited by 11 opinions
1Per curiam
On this record it was error to hold as a matter of law that the co-defendant driver and owner of the truck was an independent contractor rather than a servant of the corporate defendant. The nature of the relationship existing was a question of fact which the trier of the facts resolved in favor of the plaintiff. (See Braxton v. Mendelsohn, 233 N. Y. 122; Matter of Glielmi v. Netherland Dairy Co., 254 N. Y. 60; Irwin v. Klein, 271 N. Y. 477; Fritz v. Krasne, 273 N. Y. 649.) The evidence sustains that finding.
The judgment of the Appellate Division should be reversed and that of the Trial Term…
2Cases cited4 opinions
- Matter of Glielmi v. Netherland Dairy Co.New York Court of Appeals · 1930
- Irwin v. KleinNew York Court of Appeals · 1936
- Braxton v. . MendelsonNew York Court of Appeals · 1922
- Fritz v. KrasneNew York Court of Appeals · 1937
3Cited by11 opinions
- American Employers Insurance v. Goble Aircraft Specialties, Inc.New York Supreme Court · 1954
- Victor Carrion v. Orbit Messenger, Inc.New York Court of Appeals · 1993
- Hernandez v. Chefs Diet Delivery, LLCAppellate Division of the Supreme Court of the State of New York · 2011
- Bermudez v. RuizAppellate Division of the Supreme Court of the State of New York · 1992
- Bratt v. Midland Asphalt Corp.New York Court of Appeals · 1960
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