154 N.Y.S. 124 | N.Y. App. Term. | 1915
Defendant was sued for an alleged assault committed by one of its employees, Captain Sweeney, upon the plaintiff, the assault having taken place upon government property at Ellis Island, the defendant being the owner of a boat of which Sweeney was captain.
The learned judge below submitted to the jury as one of the vital if not the most important question in the case, whether Captain Sweeney was acting within the scope of his authority under his employment by the defendant. The verdict of the jury, as recited by the foreman, was: “We find in favor of the defendant, and we also request that Captain Sweeney be cen
Order reversed, with costs; verdict reinstated and corrected by striking therefrom' ‘ and we also request-that Captain Sweeney be censured; ” and judgment directed to be entered thereon in favor of defendant, with costs in the court below.
Guy and Page, JJ., concur.
Order reversed, with costs.