
    Albert Barber, Appellant, v. W. A. Case & Son Manufacturing Company, Respondent.
    
      Barber v. Case & Son Manfg. Co., 172 App. Div. 942, affirmed.
    (Argued December 11, 1918;
    decided January 7, 1919.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered February 3, 1916, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. Plaintiff was the assignee of several insurance companies and sued to recover the amount of a loss by fire alleged to have been caused to the plant of the Wood Products Company through the negligence of one Lange, an employee of defendant, who in attempting to repair a pipe in said plant applied a blow pipe thereto, thus igniting alcoholic fumes which were passing through. The trial court held that, although Lange was the general servant of the defendant, he was loaned or hired by the Case Manufacturing Company to the Wood Products Company for such- services in his general fine of copper-smith as the Wood Products Company should see fit to put him to work at, and that he thereupon became, as to that service so far as he was under the direction of the Wood Products Company, as to the work to be done, and on this occasion even as to the manner of the work, the servant of the Wood Products Company.
    . Vernon Cole for appellant.
    
      Simon Fleischmann and Alonzo G. Hinhley for respondent. ,
   Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Chase, Collin, Cuddeback, Cardozo and Andrews, JJ. Not sitting: Pound, J.  