McMahon v. Wainwright Smith Co., Inc.

Full title: THOMAS M. McMAHON, Appellant, v. WAINWRIGHT SMITH CO., INC., Respondent

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 1, 1921

198 App. Div. 1022 (N.Y. App. Div. 1921)

Opinion

October, 1921.

Judgment affirmed, with costs. No opinion. Blackmar, P.J., Mills, Rich and Manning, JJ., concur; Jaycox, J., dissents, being of opinion that the question whether the servant was acting within the scope of his employment in the furtherance of his master's business was one of fact which should have been submitted to the jury.