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SAVERIO LIBERTA, Respondent, v. RAPID COALING COMPANY, Appellant.

Judgment and order denying motion for a new trial reversed upon the law and the facts, with costs to abide the event, and a new trial granted, upon the ground that the negligence, if any, was solely that of Sorace, whose act of omission was a mere detail of the work, and the act of a fellow-servant. Kelly, P.J., Manning, Kelby, Young and Kapper, JJ., concur.

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LIBERTA v. RAPID COALING COMPANY
(May 1, 1923)