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Draughte v. American Piano Co.

226 N.Y. 687 Court N.Y. Decision date 1919-05-27 English

Contents

Majority

p. 687
Anita Draughte, Respondent, v. American Piano Company, Appellant.

Headnote

Draughte v. American Piano Co., 177 App. Div. 912 , affirmed.
(Argued April 30, 1919;
decided May 27, 1919.)
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial' department, • entered March 13, 1917, affirming a judgment in favor of plaintiff entered .upon a verdict in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant, by reason of. a collision between a motorcycle upon which she was riding and a motor truck driven by an employee of the defendant. The only question, on appeal, was whether the chauffeur, at the time of the accident, was acting within the scope of his employment.
Earle W. Webb and Joseph Force Crater for appellant.
Robert P. Levis and Jesse W. Tobey for respondent.
p. 688
Judgment affirmed, with costs; no opinion. .

Concur: Chase, Cuddeback, Hogan, Crane and Andrews, JJ. Dissenting: Collin and McLaughlin, JJ.