Appellate Division of the Supreme Court of New York, 1922

Policastro v. Tidewater Paper Mills Co.

Policastro v. Tidewater Paper Mills Co.
Appellate Division of the Supreme Court of New York · Decided February 15, 1922
200 A.D. 911
Policastro v. Tidewater Paper Mills Co.

Opinion of the Court

The evidence in the case is insufficient to support the jury’s finding that the plaintiff was assaulted by an employee of the defendant acting within the scope of his employment. While we entertain no doubt that the defendant’s counsel made the statement of fact appearing in the opinion of the learned trial justice, such *912statement is not in the case on appeal and cannot be considered by this court. The proof of the nature and extent of the plaintiff’s injuries is also uncertain. The insertion of the silver plates in plaintiff’s arm was not shown to be the necessary result of plaintiff’s initial fall and injury. Judgment and order reversed and new trial granted, costs to abide the event. Blackmar, P. J., Jaycox, Manning, Kelby and Young, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.