De Giuseppe v. City of New York

In this death action the facts have been stipulated and submitted to the court pursuant to an order herein for the purpose of having the court pass upon the sole question at issue and now before it. The undisputed facts are: Plaintiff’s intestate was an employee of the Department of Sanitation of the City of New York. While engaged in the performance of duties within the scope of his employment, he was struck by a trolley car owned and controlled by the city and operated by an employee .of the Board of Transportation, an agency of the city. The city had secured coverage for the intestate…