Roy Tong v. Sun Realty Co.

The respondent, an employee of an independent contractor, was injured while working in an elevator shaft of a building owned by the appellant corporation. An action for damages was instituted against said owner and its employees, the latter of whom were alleged to have been negligent in the performance of their duties. Upon a trial before a jury, a verdict was returned in favor of the plaintiff, and against all defendants. The employer alone appealed from the resultant judgment. The respondent has moved to dismiss the appeal.

The ground of said motion is that if the master be held liable in…