Fellows v. Seymour

Judgment and order reversed on the law and a new trial granted, with costs to the appellant to abide the event, and motion denied, without costs, with leave to the defendant to plead the facts used to support its motion in answer as a defense, and defendant is given ten days to answer after service of a copy of the order with notice of entry thereof. Memorandum: In order to determine that plaintiff’s remedy is under the Workmen’s Compensation Law, it should appear: 1. That the arrangement between the plaintiff and the city of Schenectady was such as to create the relation of employer and…