Lassell v. City of Gloversville

,H. T. Kellogg, J.

The complaint set forth a cause of action to recover damages for personal injuries alleged to have been *324caused the plaintiff through the negligence of an agent of the defendant in operating an automobile. The answer denied the material allegations of the complaint. It also set up two affirmative defenses, numbered second and third. The second defense alleged that the plaintiff was a mail carrier in the postal service of the Federal government; that the injuries alleged to have been sustained by him were inflicted while he was in the performance of duties as such mail…