MOON v. FINKLE


5 A.D.2d 944 (1958)

Ralph Moon, Appellant, v. Henry D. Finkle, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 27, 1958


Plaintiff is employed as a laborer by the State Department of Public Works in a highway maintenance crew. After plaintiff and other members of the crew had reported for duty and during working hours, they undertook to move a refrigerator owned by defendant, who was a fellow employee, in a truck also owned and driven by defendant. In the course of this operation plaintiff was injured and subsequently this action for negligence was instituted. The defense that the accident...

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