Riegler v. Tribune Ass'n — 167 N.Y. 542

Majority

p. 542

Charles Riegler, Respondent, v. The Tribune Association, Appellant, Impleaded with Another.

(Argued April 24, 1901:

decided May 10, 1901.)

Headnote

Riegler v. Tribune Association, 40 App. Div. 324 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 20, 1899, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial.

Hemry W. Sackett and Seldon Bacon for appellant.

Gilbert D. Lamb for respondent.

Judgment affirmed, with costs ; no opinion.

Concur: O’Bbien, Babtlett, Mabtin, Yann, Landon and Cullen, JJ. Pabkeb, Ch. J., dissents, on the ground that Glennon was not acting within the course of his employment when he threw benzine out of the window in defiance of the express orders of his master.