SIMS v. UNION NEWS CO.


284 A.D. 335 (1954)

John W. Sims, Respondent, v. Union News Company, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

July 1, 1954.


Attorney(s) appearing for the Case

Rogge, Fabricant & Gordon for respondent.

Bernard Meyerson of counsel (Richards W. Hannah, attorney), for appellant.

BREITEL, BASTOW and BOTEIN, JJ., concur; CALLAHAN, J. P., concurs in result.


BERGAN, J.

Plaintiff sues the defendant Union News Company for assault and malicious prosecution arising from occurrences in the defendant's bus station at Columbia, South Carolina. The complaint alleges the assault was committed by Vernon Cassidy, an employee of defendant, acting in furtherance of his employment.

It is alleged that Cassidy was following defendant's policy not to serve members of the Negro...

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