Legal Opinion

Bratt v. Midland Asphalt Corp.

New York Court of Appeals

Decided July 8, 1960PublishedCited by 8 opinions

1Opinion of the Court

Judgment reversed and a new trial granted, with costs to abide the event, upon the ground that the evidence in this case created a question of fact as to the nature of the relationship between defendant-respondent and defendant trucker. It, therefore, was error for the trial court to charge that defendant trucker was an independent contractor as a matter of law (Johnson v. B. T. K. Petroleum Co., 289 N. Y. 101). No opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster.

2Cases cited1 opinion

  1. Johnson v. R. T. K. Petroleum Co.New York Court of Appeals · 1942

3Cited by8 opinions

  1. Victor Carrion v. Orbit Messenger, Inc.New York Court of Appeals · 1993
  2. Bermudez v. RuizAppellate Division of the Supreme Court of the State of New York · 1992
  3. Meyer v. MartinAppellate Division of the Supreme Court of the State of New York · 2005
  4. Carrion v. Orbit Messenger, Inc.Appellate Division of the Supreme Court of the State of New York · 1993
  5. Valdez v. Melba Utica Packing Co.Appellate Division of the Supreme Court of the State of New York · 1996

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