Lavin v. Goldberg Building Material Corp.

Only a question of pleading is involved here. The material allegations of the amended complaint in this action are that plaintiff’s intestate and defendant Steve Dish were employees of the corporate defendant Goldberg Building Material Corp., the former as a warehouseman and the latter as a yard boss; that on or about January 30, 1948, defendant, Dish, while engaged in his duties as a yard boss for the corporate defendant and while acting within the scope of his employment and while furthering the business of his employer, willfully and intentionally, without cause or provocation, assaulted…