Sauter v. New York Tribune, Inc.

Lewis, Ch. J.

Plaintiff’s action is to recover for injuries sustained as the result of an assault upon him by the defendant John P. Finnegan, a truck driver employed by the defendant-appellant New York Tribune, Inc. Upon this appeal the defendant-appellant raises no issue in respect of injury, causal relation or the amount of damage sustained by plaintiff. The sole question is whether, at the time of the assault, the defendant Finnegan was acting in the course of his employment and in such furtherance of his employer’s business as to impose liability upon his employer for the personal injuries…