Efstathopoulos v. Federal Tea Co.

The opinion of the court was delivered by

Perskie, J.

The primary question requiring decision in this cause is whether, at the time of the alleged accident, defendant’s employe was engaged in his master’s business so as to render the master vicariously liable for decedent’s death. We resolve the question affirmatively.

The action is under our Death act. Eespondent, plaintiff below, as the administrator ad prosequendum of the estate of his infant son, sought to impose liability upon appellant Federal Tea Company and its servant, James Burke, both defendants below, for the alleged wrongful death…