Antonio Mollino, Respondent, v. Ogden & Clarkson Corporation and Another, Appellants, Impleaded with Others, Defendants

Antonio Mollino, Respondent, v. Ogden & Clarkson Corporation and Another, Appellants, Impleaded with Others, Defendants. Appeal from a judgment of the Supreme Court in favor of the plaintiff and against the appellants, entered in the New York county clerk’s office on January 9, 1925, upon the verdict of a jury for $18,500, rendered after a trial at New York Trial Term, and also from an order entered on January 9, 1925, denying a motion for a new trial. [MAJORITY] Judgment and order affirmed, with costs. • No opinion. Present — Dowling, Merrell, McAvoy and Martin, JJ.; Martin, J., dissents in part in opinion. [DISSENT — Mabtin, J. (dissenting in part):] Mabtin, J. (dissenting in part): I concur in the affirmance of the judgment as to the owner, Thomas L. Feitner, but I dissent and vote for reversal and a new trial as to the agent, Ogden & Clarkson Corporation, especially in view of the charge to the jury that if one defendant was liable both were liable. Even though the owner should be held liable, the agent would not necessarily be liable. Under this charge, the owner being liable, the agent must be held liable.