McMahon v. Wainwright & Smith Co. ( 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.