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Policastro v. Tidewater Paper Mills Company

Appellate Division of the Supreme Court of New York, Second Department
Feb 1, 1922
200 App. Div. 911 (N.Y. App. Div. 1922)

Opinion

February, 1922.


The evidence in the case is insufficient to support the jury's finding that the plaintiff was assaulted by an employee of the defendant acting within the scope of his employment. While we entertain no doubt that the defendant's counsel made the statement of fact appearing in the opinion of the learned trial justice, such statement is not in the case on appeal and cannot be considered by this court. The proof of the nature and extent of the plaintiff's injuries is also uncertain. The insertion of the silver plates in plaintiff's arm was not shown to be the necessary result of plaintiff's initial fall and injury. Judgment and order reversed and new trial granted, costs to abide the event. Blackmar, P.J., Jaycox, Manning, Kelby and Young, JJ., concur.


Summaries of

Policastro v. Tidewater Paper Mills Company

Appellate Division of the Supreme Court of New York, Second Department
Feb 1, 1922
200 App. Div. 911 (N.Y. App. Div. 1922)
Case details for

Policastro v. Tidewater Paper Mills Company

Case Details

Full title:JOHN POLICASTRO, an Infant, by PETER POLICASTRO, His Guardian ad Litem…

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

Date published: Feb 1, 1922

Citations

200 App. Div. 911 (N.Y. App. Div. 1922)