| N.Y. App. Div. | Feb 15, 1923

Judgment reversed and new trial ordered, with costs to appellant to abide the event, on the ground that a question of fact was presented to the jury as to whether the servant had *881resumed his master’s business at the time of the accident. Present — Clarke, P. J., Dowling, Smith, Page and McAvoy, JJ.; Clarke, P. J., and Dowling, J., dissenting.

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