Corporations
Millie Gordon, Respondent, v. Herbert M. Withington and the Marietta Concrete Corporation, Appellants
239 A.D. 878·New York Supreme Court, Appellate Division·1933·NY
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Opinion
Millie Gordon, Respondent, v. Herbert M. Withington and the Marietta Concrete Corporation, Appellants.
[MAJORITY]
As to the defendant Withington judgment affirmed, with costs. As to the defendant corporation judgment and order reversed on the facts and a new trial granted, with costs to the appellant to abide the event on the ground that the finding of the jury that the defendant Withington was acting as the servant of the corporation at the time the accident took place is against the weight of the evidence. All concur.