Bush v. Sinclair-Rooney & Co.

Sears, J.:

A nonsuit was granted upon the trial of this action at the close of the plaintiff’s case upon the theory that the defendant was not responsible for certain acts of its employee, even though negligent, because these acts were as matter of law not done by such employee in the defendant’s service.

The defendant is engaged in the business of manufacturing and selling millinery and maintains a warehouse in the city of Buffalo with necessary boilers and heating apparatus. The defendant employed a man named Steuber as engineer. There developed in one of the boilers a buckle or blister, a…