Van Dusen v. Northwestern Mutual Life Insurance , 150 N.Y.S. 1116 ( 1914 )

All concurred, except Foote and Merrell, JJ., who dissented upon the ground that so far as the verdict is to the effect that Parkerson caused or directed the anvil to be thrown from the platform, it is contrary to and against the weight of the evidence. Had he done so he would not have acted within the scope of his employment.