Geary v. Persian Rug Manufactory

(dissenting): I dissent upon the ground that the last instruction to the jury on the subject of negligence,; charging the plaintiff’s first and second requests, left out -the provision -of the statute* which requires that the person for. whose negligence the defendant shall he responsible must be a person in the .service of the employer intrusted with and exercising superintendence, whose sole or-principal duty is that of superintendence; that this was error, to which the defendant excepted; and for this reason I think there should be a new trial.