Baulec v. New York & Harlem Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of defendant entered upon an order nonsuiting plaintiff upon trial at Circuit. This action was brought to recover damages for the alleged negligent causing the death of Thomas Hammond, plaintiff’s intestate. Said Hammond was, at the time of his death, in the employ of defendant as a fireman upon a locomotive running upon its road.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of defendant entered upon an order nonsuiting plaintiff upon trial at Circuit. This action was brought to recover damages for the alleged negligent causing the death of Thomas Hammond, plaintiff’s intestate. Said Hammond was, at the time of his death, in the employ of defendant as a fireman upon a locomotive running upon its road. The accident occurred at a junction of defendant’s road with the New York and New Haven road, and, as the evidence tended to show, was…
1Opinion of the CourtAllen, J.
But a single question is presented by the record before us in this action. It is conceded, or if not conceded it must be regarded as too firmly established as well upon principle as by authority to be now questioned, that if a master is wanting in proper care in the selection of servants, and negligently or knowingly employs or retains in his service those who are incompetent and unfit for the duties to which they are assigned, he is liable to respond to other employes and servants engaged in the same service, who may sustain damage by reason of such in competency and unfitness. And when the…
2Cases cited1 opinion
- Laning v. . N.Y.C.R.R. Co.New York Court of Appeals · 1872
3Cited by7 opinions
- Wells v. . Town of SalinaNew York Court of Appeals · 1890
- Schmidt v. WidberCalifornia Supreme Court · 1894
- County of Coles v. GoehringIllinois Supreme Court · 1904
- Edwards v. Carson Water Co.Nevada Supreme Court · 1893
- Ghiglione v. MarshAppellate Division of the Supreme Court of the State of New York · 1897
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