Judgment and order unanimously reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event.
Memorandum:
This action was brought to recover damages for injuries sustained by plaintiff when a bulldozer operated by an employee of respondent caused a piece of cement to strike plaintiff. The issue that developed upon the trial was whether the direction to the operator of the bulldozer at the time of the accident, which...
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