
    Edward Korber, Respondent, v. The J. Ottman Lithographing Company, Appellant.
    (Supreme Court, Appellate Term,
    February, 1906.)
    Master and servant — Master’s liability for injuries to servant — Fellow servants — When not representing master.
    The act of defendant’s superintendent in negligently holding or failing to hold the ladder on which the plaintiff, an employee of ■defendant, was standing at the time he was injured, held to be an ■act of a fellow servant not pertaining to the master’s duty and for which the master "is not liable.
    
      Appeal by the defendant from an order of the City Court of the city of Hew York, denying a motion for a new trial made on the Judge’s minutes.
    William A. Jones, Jr. (David M. Wolff of counsel), for appellant.
    August P. Wagener (Frank Herwig of counsel), for respondent.
   Giegerich, J.

I cannot distinguish this case from Hussey v. Coger, 112 N. Y. 614; and Crispin v. Babbitt, 81 id. 516.

Although the superintendent might have been the representative of the defendant corporation in all matters which it was the master’s duty to perform, still his act in negligently holding, or failing to hold, the ladder on which the plaintiff was standing at the time of the accident was not an act which pertained to the duty of a master to perform, but was the act of a fellow servant, like the act of the superintendent in the Hussey case, in leaving the hatch open, and the Crispin case, in starting the machinery while the plaintiff was in a position of danger.

The order should be reversed, with costs an(3 disbursements to appellant, and motion granted.

Scott and Gbeehbaum, JJ., concur.

Order reversed, with costs and disbursements to appellant, and motion granted.  