Torts · MBE-tested
Angelo Gibaldi and Frank Gibaldi, as Coadministrators, etc., of Salvatore Gibaldi, Deceased, Respondents, v. Joseph Mauro and " Salvatore " Balestrieri, etc., Copartners, etc., Appellants
224 A.D. 761·New York Supreme Court, Appellate Division·1928·NY
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Opinion
Angelo Gibaldi and Frank Gibaldi, as Coadministrators, etc., of Salvatore Gibaldi, Deceased, Respondents, v. Joseph Mauro and “ Salvatore ” Balestrieri, etc., Copartners, etc., Appellants.
[MAJORITY]
Judgment and order unanimously affirmed, with costs. In so far as concerns this record, the reference upon the trial to the “ Jones Act ” was harmless, no negligence of a fellow-servant being claimed, and no contributory negligence being found. Present — Lazansky, P. J., Kapper, Seeger, Carswell and Scudder, JJ.