MacDowall v. Koehring Basic Construction Equipment

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs. In view of the concession by Koehring’s trial counsel that the indemnity clause presented a jury question only if the underlying action was "submitted to the jury on a matter of something other than design”, it was not error for the Trial Judge, who later charged the jury on design negligence only, to dismiss the third-party complaint.

Nor is there any basis for reversal of the judgment in favor of plaintiff in the main action. There is evidence in the record from which the jury could have found…