Summary
In Kanigher v. Schwerin Air Conditioning Corporation, 1939, 280 N.Y. 751, 21 N.E.2d 520 the employee was using his privately owned car in selling products of his employer, receiving no reimbursement for its use, and the court held that the trier of the facts could still properly find that the employee was acting in the scope of his employment.
Summary of this case from Cooner v. United StatesOpinion
Argued April 12, 1939
Decided May 16, 1939
Appeal from the Supreme Court, Appellate Division, First Department.
Benjamin H. Siff and Arthur H. Rose for appellant.
Robert H. Charlton for respondent.
Judgment of the Appellate Division and that of the Trial Term reversed and new trial granted, with costs to abide the event. ( Lessig v. New York Central R.R. Co., 271 N.Y. 250.) There was a question of fact as to employment. No opinion. (See 280 N.Y. 837.)
Concur: CRANE, Ch. J., LEHMAN, O'BRIEN, HUBBS, LOUGHRAN, FINCH and RIPPEY, JJ.