Fabisiak v. Empire Steel Partition Co.

— -Judgment reversed upon the law and the facts, with costs, and complaint dismissed, with costs. We are of opinion that upon the record in this ease the infant plaintiff was not upon defendant’s premises at the time of the accident, with the defendant’s consent, permission or knowledge, and as *666to it was not a licensee. Defendant’s employee, in sending plaintiff upon a personal errand, was not acting within the scope of Ms employment or in furtherance of defendant’s interest. (Muller v. Hillenbrand, 227 N. Y. 448; Rolfe v. Hewitt, Id. 486; Mott v. Consumers’ Ice Company, 73 id. 543.)…