Bedell v. New York Sand & Facing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by plaintiff from a judgment of the Supreme Court, entered in the office of the clerk of Kings county July 19, 1918, for seventy dollars and ninety-five cents costs, and dismissing the complaint at the close of plaintiff’s ease.
1Per curiam
The defendant is not shown to have failed in any duty towards the plaintiff, who was riding on a sand truck then in defendant’s employ. The driver of the truck, however, had no authority to let the plaintiff ride on the load, and plaintiff’s subsequent fall therefrom raised no liability as against defendant. (See Goldberg v. Borden’s Condensed Milk Co., 185 App. Div. 222, decided herewith.) The judgment appealed from is, therefore, affirmed, with costs. Jenks, P. J., Putnam, Blackmar and Kelly, JJ., concurred; Jaycox, J., dissented. Judgment affirmed, with costs.
2Cases cited1 opinion
- Goldberg v. Borden's Condensed Milk Co.Appellate Division of the Supreme Court of the State of New York · 1918