Santini v. Sun Printing & Publishing Ass'n — 261 N.Y. 689

Majority

p. 689

Carlo Santini, as Administrator of the Estate of Louis Santini, Deceased, Respondent, v. Sun Printing and Publishing Association, Inc., Appellant, Impleaded with Another.

(Argued March 14, 1933;

decided April 18, 1933.)

p. 690

John P. Carson and William A. Earl for appellant.

Victor Deutsch and Isidore Koeppel for respondent.

Judgments reversed and complaint dismissed, with costs in all courts. Held, that there is no evidence that the driver was the employee of the corporation. No opinion.

Concur: Pound, Ch. J., Lehman, Kellogg, O’Brien and Crouch, JJ. Dissenting: Crane, J. Not voting: Hubbs, J.