Cohen v. Western Electric Co.
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Trial Term. Action by Isaac Cohen and others against the Western Electric Company. From a judgment for plaintiffs on the verdict of a jury, and from an order denying a motion for a new trial, defendant appeals. Affirmed.
1Opinion of the CourtBischoff, J.
Upon a former appeal (Cohen v. Western Electric Co., 99 N. Y. Supp. 525) this court held that the evidence was insufficient to charge the defendant with the negligence of Doyle, the driver, who was employed by the firm of Fish & Wilmarth, independent contractors', engaged in the business of furnishing trucks for hire. The contract between the defendant and Fish & Wilmárth, not in evidence at the first trial, but produced upon the trial under review, indicates the fact of the defendant’s control over the contractors’ employés sufficiently to support a liability under the doctrine of…
2Cases cited5 opinions
- Baldwin v. AbrahamAppellate Division of the Supreme Court of the State of New York · 1901
- Howard v. . LudwigNew York Court of Appeals · 1902
- Moore v. StaintonAppellate Division of the Supreme Court of the State of New York · 1903
- Cohen v. Western Electric Co.Appellate Terms of the Supreme Court of New York · 1906
- Moore v. StaintonAppellate Division of the Supreme Court of the State of New York · 1903