Hosch v. New York Telephone Co.

216 A.D. 848 Court N.Y. App. Div. English

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p. 848

Maurice Hosch, an Infant, etc., by Frances Levine, His Guardian ad Litem, Respondent, v. The New York Telephone Company, Appellant.

Judgment and order affirmed, with costs. No opinion. Kelly, P. J., Jaycox, Manning and Young, JJ., concur; Kapper, J., dissents upon the ground that the retaking of the tool in question was a personal act of the employee and not one in furtherance of the master’s business.