Hyperlawhypertext legal database Van Dusen v. Northwestern Mutual Life Insurance 150 N.Y.S. 1116

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Van Dusen v. Northwestern Mutual Life Insurance

150 N.Y.S. 1116 Court N.Y. App. Div. Decision date 1914-11-11 English

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p. 1116
VAN DUSEN, Respondent, v. NORTHWESTERN MUT. LIFE INS. CO., Appellant.
(Supreme Court, Appellate Division, Fourth Department.
November 11, 1914.)

Headnote

Action by Anna B. Van Dusen, as administratrix, etc., against the Northwestern Mutual Life Insurance Company.

Judgment and order affirmed, with costs.

FOOTE and MERRELL, JJ., dissent, upon the ground that, so far as the verdict is to the effect that Parkinson caused or directed the anvil to be thrown from the platform, it is contrary to and against the weight of the evidence. Had he done so, he would not have acted within the scope of his employment. See, also, 155 App. Div. 946 , 140 N. Y. Supp. 1149 .