Macari v. Fleischman Co.
220 A.D. 829 | N.Y. App. Div. | 1927
Judgment reversed and new trial ordered, with costs to the appellant to abide the event, upon the ground that the questions whether the chauffeur was acting within the .scope of his employment and whether he was negligent were issues of fact which should have been submitted to the jury. Present — Dowling, P. J., Merrell, McAvoy, Martin and O’Malley, JJ.