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SAUTER v. NEW YORK TRIBUNE

305 N.Y. 442 (1953)

Courtney J. Sauter, Respondent, v. New York Tribune, Inc., Appellant, et al., Defendants.

Court of Appeals of the State of New York.

Decided July 14, 1953

Attorney(s) appearing for the Case

John Nielsen and John P. Smith for appellant.

Harry Zeitlan and Henry P. Goldstein for respondent.

CONWAY, DESMOND, FULD and FROESSEL, JJ., concur with LEWIS, Ch. J.; DYE, J., dissents in opinion; VAN VOORHIS, J., taking no part.

LEWIS, Ch. J.

Plaintiff's action is to recover for injuries sustained as the result of an assault upon him by the defendant John P. Finnegan, a truck driver employed by the defendant-appellant New York Tribune, Inc. Upon this appeal the defendant-appellant raises no issue in respect of injury, causal relation or the amount of damage sustained by plaintiff. The sole question is whether, at the time of the assault...

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