Opinion
Argued April 14, 1948
Decided May 20, 1948
Appeal from the Supreme Court, Appellate Division, Second Department, McCOOEY, J.
Edward Lazansky, Melvin Sacks, Ralph Stout and Harry A. Gair for appellant.
Nathan L. Miller, Thomas F. Lynch, Mark F. Hughes and Raymond C. Murphy for respondent.
There is evidence in the record which presented a question of fact for the jury whether at the time of the accident the crane operator, Kemp, was the servant of the defendant American Bridge Company. It was error to hold as a matter of law that he was the ad hoc employee of the Arthur A. Johnson Co. ( Bartolomeo v. Bennett Contr. Co., 245 N.Y. 66; Ramsey v. New York Central R.R. Co., 269 N.Y. 219; Kristiansen v. Wagner's Steel Erectors, Inc., 295 N.Y. 668). The judgments should be reversed, the verdict reinstated and judgment directed to be entered thereon in favor of plaintiff, with costs in all courts.
LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, THACHER, DYE and FULD, JJ., concur.
Judgments reversed, etc.