Buchalski v. Kramer

Judgment dismissing the complaint at the end of the entire case, in an action brought to recover damages for personal injuries resulting in the death of the plaintiff’s intestate through the alleged negligence of the defendants, unanimously affirmed, with costs. This action was brought on the theory that plaintiff’s intestate was riding on the defendants’ truck in the capacity of an employee to assist in unloading furniture in return for compensation, undetermined in amount. It may be assumed that, on the testimony adduced, the jury would be justified in finding that the defendants were aware…