MOON v. FINKLE


6 N.Y.2d 831 (1959)

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

Court of Appeals of the State of New York.

Decided May 28, 1959.


Attorney(s) appearing for the Case

George M. Gunderson for appellant.

J. Robert LaPann for respondent.

Judges DESMOND, DYE, FULD, FROESSEL and BURKE concur in Per Curiam opinion; Judge VAN VOORHIS concurs upon the ground that no cause of action in common-law negligence has been established as matter of law; Chief Judge CONWAY taking no part.


Per Curiam.

There is evidence here to support a jury determination both (1) that the accident to the plaintiff fell within the compass of the Workmen's Compensation Law and hence prevented him from bringing an action at law for damages against his fellow employee, and (2) that the defendant was not negligent or that, if he was, the plaintiff was guilty of contributory negligence. The trial court was, therefore, fully...

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