Johnson v. Kearse

Plaintiff has moved to strike out as sham the affirmative defense in the amended answer of each defendant herein in which it is alleged that the plaintiff and defendant Nelson were coemployees at the time of plaintiff’s injury and that hence plaintiff’s remedy is governed by the Workmen’s Compensation Law. The papers show that defendant Nelson was'in the employ of defendant Kearse; that Kearse agreed to and did furnish to Stewart & Bennett, Inc., general contractors on a particular job, a bulldozer with operator; that defendant Nelson was such operator; that plaintiff was then in the employ…