Summary
In Miano v. Schneider (4 N.Y.2d 732) the accident occurred while the employees, on their way to a job site to begin the day's work, were riding on a public highway.
Summary of this case from Smithline v. GhessiOpinion
Argued November 19, 1957
Decided February 20, 1958
Appeal from the Appellate Division of the Supreme Court in the first judicial department, SOLOMON BONEPARTH, J.
William L. Shumate and Frederick Mellor for appellant.
Harry D. Breslau and Irving Pepperbloom for respondents-appellants.
Thomas P. Curtin for respondent.
Judgment affirmed, with costs to plaintiffs-respondents-appellants against defendant-appellant and to defendant-respondent against plaintiffs-respondents-appellants; no opinion.
Concur: Chief Judge CONWAY and Judges DESMOND, DYE, FULD, FROESSEL and VAN VOORHIS. Judge BURKE dissents and votes to reverse upon the dissenting opinion of Presiding Justice PECK in the Appellate Division.