Piett v. Pittsburg Contracting Co.

Appellate Division of the Supreme Court of New York

Piett v. Pittsburg Contracting Co.

171 A.D. 938, 156 N.Y.S. 365

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 15, 1915

StatusPublished

This text of 171 A.D. 938 (Piett v. Pittsburg Contracting Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Piett v. Pittsburg Contracting Co., 171 A.D. 938, 156 N.Y.S. 365 (N.Y. Ct. App. 1915).

Pincite

Opinion

Per Curiam:

The evidence clearly shows that the defendant Mitchell was not acting in the course of his employment, or within the scope of his authority, in assaulting the plaintiff. There is nothing in the testimony that would make the defendant corporation liable for the assaults of Mitchell; and for that reason the finding that Mitchell was acting within the scope of his authority and that the defendant appellant was liable for Mitchell’s assaults is reversed, the judgment reversed, with costs, and the complaint dismissed, with costs. Present — Ingraham, P. J., McLaughlin, Clarke, Scott and Smith, JJ. Judgment reversed, with costs, and complaint dismissed, with costs.

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Per Curiam:

The evidence clearly shows that the defendant Mitchell was not acting in the course of his employment, or within the scope of his authority, in assaulting the plaintiff. There is nothing in the testimony that would make the defendant corporation liable for the assaults of Mitchell; and for that reason the finding that Mitchell was acting within the scope of his authority and that the defendant appellant was liable for Mitchell’s assaults is reversed, the judgment reversed, with costs, and the complaint dismissed, with costs. Present — Ingraham, P. J., McLaughlin, Clarke, Scott and Smith, JJ. Judgment reversed, with costs, and complaint dismissed, with costs.

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Bluebook (online)

171 A.D. 938, 156 N.Y.S. 365, Counsel Stack Legal Research, https://law.counselstack.com/opinion/piett-v-pittsburg-contracting-co-nyappdiv-1915.