Cusack v. Ottinger

Clarke, P. J. (dissenting).

I dissent from the affirmance of this judgment as modified. The action was brought by the plaintiff to recover damages alleged to have been caused solely through the fault and negligence of the defendants in employing and maintaining one Thomas Gallagher as their agent and employee in charge of the premises in the capacity of superintendent or janitor, having knowledge and notice on their part that the said Gallagher was of a dangerous, troublesome and vicious nature and also at the time said assault herein was committed said Gallagher was acting within the scope of…