Citations
- 132 A.D. 35
Full opinion text
Miller, J.:
The exception to the charge that the admission of the superintlendent was an admission of the defendant presents reversible error because, the superintendent had not made it, and, second, if he had it was not tibe admission of the defendant — a proposition which I need not discussh The error was harmful. The superintendent had testified that theXmen were allowed to give away the barrels to unen iffiere poor people, a very dimprent thing from being allowed to throw them oiit of the window ii^to the street. Upon the most favorable view of this case to the pladntiff it was a question of fact whether Murtha’s wrong was committed in the course of his employment as such. The jury must have unctWi^stood from the charge, excepted to, that he was in fact authorized