Judgment reversed, on the law and on the facts, and complaint dismissed, with costs.
Respondent's marine railway was damaged when a barge used by defendant R & C Homes, Inc., in connection with the construction of a bulkhead on appellant's property broke loose during a storm. Respondent failed to disprove that the relationship between R & C Homes, Inc., and appellant was one of employer-independent contractor, or to prove that the work to be performed was...
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