Bratt v. Midland Asphalt Corp., 8 N.Y.2d 963

Judgment reversed and a new trial granted, with costs to abide the event, upon the ground that the evidence in this case created a question of fact as to the nature of the relationship between defendant-respondent and defendant trucker. It, therefore, was error for the trial court to charge that defendant trucker was an independent contractor as a matter of law (Johnson v. B. T. K. Petroleum Co., 289 N. Y. 101). No opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster.

Case Details

Case Name: Bratt v. Midland Asphalt Corp.

Court Name: New York Court of Appeals

Date Published: Jul 8, 1960

Citations: 8 N.Y.2d 963; 204 N.Y.S.2d 191

Court Abbreviation: N.Y.