Opinion
April, 1918.
Present — Jenks, P.J., Thomas, Mills, Rich and Putnam, JJ.
We do not regard Jones v. Weigand ( 134 App. Div. 644) as an authority in the case at bar. The cases are distinguishable in that here the chauffeur was not acting in the course of his employment. He did not deviate, but he abandoned the master's service. He took the automobile out for his own purposes; he was not engaged in Mr. Kennedy's business, and was not acting within the scope of his employment when the accident happened. The judgment and order are, therefore, reversed, and the complaint unanimously dismissed, with costs.