Nebenzahl v. Fargo

It is not necessary to allow an appeal to the court of appeals for the purpose of obtaining the views of that court as to whether the fact that a man is behind the counter in a store, apparently doing the work of a clerk in the regular course of business, is not evidence that that man is in the employ of the owner of the store. There can be no doubt as to the opinion of the court of appeals on that subject. Leslie v. Insurance Co., 63 N. Y. 27; Svenson v. Steam-Ship Co., 57 N. Y. 108. The district court, and the former general term of this court, were of the ppinion that the inference to be…