KISSADAY v. ALBANESE

Civ. A. No. 18337.

194 F.Supp. 157 (1961)

Andrew KISSADAY, Plaintiff, v. Frank ALBANESE, Edra Haulage, Inc., Raphael Mana and Edward De Roia, doing business under the firm name and style of Edra Haulage Company, Defendants.

United States District Court E. D. New York.

May 17, 1961.


Attorney(s) appearing for the Case

Reilly & Reilly, New York City, for plaintiff; Emmet J. Agoglia and Harold V. McCoy, New York City, of counsel.

Eisenberg & Rockower, Brooklyn, N. Y., for defendants; Henry R. Eisenberg, Brooklyn, N. Y., and John A. Dwyer, New York City, of counsel.


BYERS, District Judge.

This is an assault case in which the plaintiff seeks recovery for bodily injuries said to have resulted therefrom. He has sued the individual, Frank Albanese, whom he seeks to hold liable, and the latter's corporate employer, Edra Haulage, Inc.

The theory upon which he relies as to the latter, is that the assault was committed in furtherance and discharge of his employer's business, within the purview of certain cases later to be referred...

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