Opinion
Argued November 20, 1945
Decided January 17, 1946
Appeal from the Supreme Court, Appellate Division, Second Department, UGHETTA, J.
J.S. Carter, Morgan Bisselle and Joseph A. McLaughlin for appellant.
William Roth, Charles Eno, William P. Cotter, George D. Zahm and Clarence B. Tippett for respondent.
Judgments reversed and a new trial granted with costs to the appellant to abide the event. We find in the record evidence which presented questions of fact for the jury, (1) whether plaintiff's injuries were the result of the negligence by McDonald the crane operator, and (2) whether when plaintiff's injuries were sustained, McDonald was the servant of the defendant Wagner's Steel Erectors, Inc. No opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, THACHER and DYE, JJ. Taking no part: MEDALIE, J.