151 N.Y.S. 729 | N.Y. App. Div. | 1915
Lead Opinion
The plaintiff in this action was in the employ of the Consolidated G-as Company, which was to install some machinery in an exhibition at Atlantic City. To accomplish this purpose
I think, therefore, that the defendant’s motion to dismiss the complaint made at the close of the case should have been granted, and that the judgment, therefore, should be reversed, and the complaint dismissed, with costs to the appellant, and judgment directed accordingly.
Laughlin, Scott and Dowling, JJ., concurred; Hotchkiss, J., dissented.
Dissenting Opinion
I think the judgment should be affirmed. The IngersollRand Company had sold the machine to the gas company, and was not shown to have the slightest interest in its shipment. The driver’s alleged desire to secure a different kind of convey
Judgment reversed and complaint dismissed, with costs.