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Bratt v. Midland Asphalt Corp.

Court of Appeals of the State of New York
Jul 8, 1960
168 N.E.2d 855 (N.Y. 1960)

Summary

In Bratt v. Midland Asphalt Corp. (8 N.Y.2d 963), the owner of a "hired" truck, hauling asphalt for the Jamestown Macadam Company at a rate of 80 cents a ton, struck plaintiffs' automobile head on. Where the company arranged the deliveries, even though no income or Social Security taxes were withheld from the payments made to the truckers, the nature of the relationship between the company and the truck owner was held to be a question of fact.

Summary of this case from Bermudez v. Ruiz

Opinion

Argued May 24, 1960

Decided July 8, 1960

Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, JOSEPH A. NEVINS, J.

John L. Goodell for appellants.

J. Edmund De Castro, Jr., for respondent.


Judgment reversed and a new trial granted, with costs to abide the event, upon the ground that the evidence in this case created a question of fact as to the nature of the relationship between defendant-respondent and defendant trucker. It, therefore, was error for the trial court to charge that defendant trucker was an independent contractor as a matter of law ( Johnson v. R.T.K. Petroleum Co., 289 N.Y. 101). No opinion.

Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER.


Summaries of

Bratt v. Midland Asphalt Corp.

Court of Appeals of the State of New York
Jul 8, 1960
168 N.E.2d 855 (N.Y. 1960)

In Bratt v. Midland Asphalt Corp. (8 N.Y.2d 963), the owner of a "hired" truck, hauling asphalt for the Jamestown Macadam Company at a rate of 80 cents a ton, struck plaintiffs' automobile head on. Where the company arranged the deliveries, even though no income or Social Security taxes were withheld from the payments made to the truckers, the nature of the relationship between the company and the truck owner was held to be a question of fact.

Summary of this case from Bermudez v. Ruiz
Case details for

Bratt v. Midland Asphalt Corp.

Case Details

Full title:FRANK BRATT et al., Appellants, v. MIDLAND ASPHALT CORPORATION, Respondent

Court:Court of Appeals of the State of New York

Date published: Jul 8, 1960

Citations

168 N.E.2d 855 (N.Y. 1960)
168 N.E.2d 855
204 N.Y.S.2d 191

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