Abbondondolo v. Mealing

Judgment reversed on the law and a new trial granted, costs to abide the event. It appears that the plaintiff and the defendant-appellant were coemployees and that at the time of the accident they were engaged in their common employment. In his answer as amended at the trial the defendant alleged as a separate defense that if the accident happened it arose out of and in the course of the appealing defendant’s common employment with plaintiff; that the town had duly complied with the provisions of the Compensation Law by securing to its employees workmen’s compensation, and that the exclusive…