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RAUCH v. JONES

4 N.Y.2d 592 (1958)

Kenneth Rauch, Appellant, v. Ronald G. Jones, Defendant, and Alexander J. Smith, Respondent.

Court of Appeals of the State of New York.

Decided June 25, 1958.

Attorney(s) appearing for the Case

John Lo Pinto for appellant.

Charles B. Swartwood and George A. O'Hanlon for respondent.

William L. Shumate for the Hertz Corp., amicus curiæ, in support of respondent's position.

Chief Judge CONWAY and Judges DESMOND, DYE, FULD, FROESSEL and VAN VOORHIS concur.

BURKE, J.

The sole issue presented on this appeal is the sufficiency of a complete defense set forth in respondent's answer which alleges in substance that plaintiff, a passenger in a tractor-trailer and a fellow employee of the operator of the vehicle, is barred by the provisions of the Workmen's Compensation Law from recovering damages in an action in negligence against...

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