Kelley v. Hitzig

Plaintiff sued the individual defendant for damages sustained when bitten by her dog. The individual defendant impleaded the corporate defendant airline alleging it was negligent in its handling of the kennel containing the dog while in its exclusive custody and control. The airline denied the allegations and interposed an affirmative defense that the plaintiff was its employee and was relegated to her claim under the Workmen’s Compensation Law of New York.

The affirmative defense will be dealt with first. The corporate defendant was properly brought into the action by the individual defendant…