Mills v. Roosevelt Raceway, Inc.

The jury’s verdict established that plaintiff presented a winning ticket to defendant’s agent strictly in compliance with defendant’s rules and regulations and was thereafter disabled from completing performance by reason of the agent’s default.

The simple liability of a principal for the fault of his agent when acting within the scope of this authority has not been abrogated by the Pari-Mutuel Law. In contrast with cases relied upon by respondent this is not a case to recover a bet, outside the scope of said law. The essence of plaintiff’s charge is that there was a tortious interference with…