Mirto v. NEWS-JOURNAL COMPANY

Layton, J.:

This is a suit by a plaintiff injured as the result of tripping over a piece of wire left on the sidewalk by a newsboy. The Complaint charges that the newsboy uncoiled the wire wrapping around a bundle of newspapers and negligently left the wire lying on the sidewalk, over which plaintiff tripped and fell, injuring himself severely.

Two questions are presented. The first concerns the sufficiency of the allegations of negligence in Par. 4(a) of the Complaint. The second requires a decision as to whether a newsboy is an agent of a newspaper under the doctrine of respondeat superior.

Rul…