Judgments and order affirmed, with costs.
All concur, except Bastow and Halpern, JJ., who dissent and vote for reversal on the law and facts and for granting a new trial in the following memorandum:
Upon the evidence in this case it was error for the trial court to charge as a matter of law that the codefendant trucker was an independent contractor and not a servant of the defendant-respondent for whose negligence the latter might be vicariously liable under...
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