Schwartz v. Forty-Second Street, Manhattanville & St. Nicholas Avenue Railway Co.

Plaintiffs allege that while riding in an automobile truck owned by defendant Kohne they sustained injuries in a collision between that truck and a trolley car owned and operated by the corporate defendant. Such injuries, they further allege, were caused by the negligence of the defendants and their servants and employees in the operation of the truck and trolley car. Defendant Kohne sets up as a first affirmative defense that, at the time of the collision, his truck was being operated by an employee of the employer of plaintiffs and all were engaged in the business of such employer and were…