City of New York Municipal Court June 20, 1888 (Harrigan v. Donegan)

McGown, J.

In order to entitle the plaintiff to recover herein, it was in■cumbent upon him to show—First, that the plaintiff had sustained the injuries complained of through the negligent or wrongful acts of defendants’ ■employes while acting within the scope of their employment; second, that the persons who caused the injuries were at the time in defendants’ employ.