Marzellav v. Carlson Hoist & Machine Co.

In this action to recover damages for personal injuries sustained by plaintiff Christopher Marzella when *956he fell into a mortar mixing machine which he was using or attending in the course of performance of his duties as a mason tender, defendant, who was the owner of the machine, served a summons and third-party complaint on respondent, said plaintiff’s employer, as third-party defendant, alleging that if plaintiff recover judgment against said defendant, the latter will be entitled to indemnification from the third-party defendant. The appeal is by said defendant from an order granting the…