LIBERTA v. RAPID COALING COMPANY

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.