Opinion
March 21, 1949.
In an action to recover damages for alleged unauthorized arrest and imprisonment, judgment, entered on the verdict of a jury, as reduced in amount by stipulation, reversed on the law, with costs, and the complaint dismissed on the law, with costs. The findings of fact implicit in the verdict of the jury, as amended by stipulation, are disaffirmed. There is no evidence that the defendant's servant, who received a threatening note and turned it over to the police, was acting within the general scope of his employment, while engaged in his employer's business, with a view to the furtherance of the interests of his employer. The evidence is conclusive that he was acting for himself, in his own interests and for his own protection. Nolan, P.J., Johnston, Adel, Sneed and Wenzel, JJ., concur.