The Superior Court of New York City April 4, 1874 (Courtney v. Baker)

By the Court.—Van Vorst, J.

This case has been twice tried. On the first trial, the plaintiff was non-suited at the close of his evidence, on the ground that he had failed to connect the defendants with the occurrence through which his injury was sustained. That there was nothing to show that Hand was acting in *252the course or within the scope of his employment when the injury was done.