Lee v. Cranford Co.
Appellate Division of the Supreme Court of the State of New York
' Reargument of an appeal by the plaintiff, Patrick J. Lee, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 15th day of March, 1917, upon the dismissal of the complaint by direction of the court after a verdict had been rendered in plaintiff’s favor.
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' Reargument of an appeal by the plaintiff, Patrick J. Lee, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 15th day of March, 1917, upon the dismissal of the complaint by direction of the court after a verdict had been rendered in plaintiff’s favor. An appeal is also taken from an order entered in said clerk’s, office on the same day setting a side the verdict of the jury in plaintiff’s favor in the sum of $5,000.
1Opinion of the Court
Thomas, J.:
If the plaintiff, injured by the defendant’s servants, has a remedy against the defendant under the Workmen’s Compensation Law, this action may not be sustained. The jury found that the plaintiff was not in defendant’s employ; the court decided that he was, and dismissed the complaint. The facts are few and simple, whatever the inferences that should be drawn. Muldoon, owning horses, trucks, and hiring drivers, from time to time made agreements with the defendant and others for the use of the outfits at agreed prices per day. The defendant was engaged in an undertaking that…
2Cases cited13 opinions
- Standard Oil Co. v. AndersonSupreme Court of the United States · 1909
- Higgins v. . Western Union Telegraph Co.New York Court of Appeals · 1898
- Kellogg v. Church Charity Foundation of Long IslandNew York Court of Appeals · 1911
- Matter of De Noyer v. . CavanaughNew York Court of Appeals · 1917
- Baldwin v. AbrahamAppellate Division of the Supreme Court of the State of New York · 1901
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3Cited by1 opinion
- Myers v. MayAppellate Division of the Supreme Court of the State of New York · 1958