Gutzmer v. Millham Realty Co. , 190 A.D. 926 ( 1919 )

Judgment and order reversed and new trial granted, with costs to appellant to abide event. Held, that inasmuch as the relationship of master and servant did not exist between the plaintiff and the defendant, negligence cannot be predicated upon the failure to promulgate rules; that such issue having been submitted to the jury, its submission was error, requiring reversal. All concur.