Goodman v. Fifth Avenue Coach Co.

205 A.D. 880 Court N.Y. App. Div. English

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Majority

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Bernie Goodman, an Infant, by Jennie Goodman, His Guardian ad Litem, Appellant, v. Fifth Avenue Coach Company, Respondent.

Judgment reversed and new trial ordered, with costs to appellant to abide the event, on the ground that a question of fact was presented to the jury as to whether the servant had

p. 881

resumed his master’s business at the time of the accident. Present — Clarke, P. J., Dowling, Smith, Page and McAvoy, JJ.; Clarke, P. J., and Dowling, J., dissenting.