Judgment unanimously reversed and vacated, on the law, the facts and in the exercise of discretion, and a new trial ordered, with costs to abide the event.
The complaint is confusing and unnecessarily diffuse, and affords some justification for defendant's contention that it pleads a statutory cause of action based upon the Workmen's Compensation Law. It also alleges, however, a common-law cause of action based on negligence. Reading the complaint in conjunction with...
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