Callan v. Adams

Him,, P. J.

(dissenting in part). The trial court dismissed plaintiff’s complaint solely upon the ground that he and defendant were coemployees, and that the only remedy which he had for the injury he received when riding with defendant, was under the Workmen’s Compensation Law. The court found that there was a question of fact as to defendant’s negligence and plaintiff’s freedom from contributory negligence, but that the parties were coemployees of the State of New York.

Defendant was the foreman of a highway maintenance force of which plaintiff was a member. The last work plaintiff did was on…