Polack v. O'Brien
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William J. O’Brien, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the cleric of the county of Rensselaer on the 5th day of March, 1906, upon the decision of the court rendered after a trial before the court without a jury at the Rensselaer Trial Term. The plaintiffs are copartners dealing in bristle in the city of New York. Defendant is a brush manufacturer in the city of Troy.
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Appeal by the defendant, William J. O’Brien, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the cleric of the county of Rensselaer on the 5th day of March, 1906, upon the decision of the court rendered after a trial before the court without a jury at the Rensselaer Trial Term. The plaintiffs are copartners dealing in bristle in the city of New York. Defendant is a brush manufacturer in the city of Troy. In July, 1902, plaintiffs sent to the defendant at his place of business in Troy a quantity of bristle on which the defendant was to perform certain…
1Opinion of the Court
Cochrane, J.:
The learned trial court held that the property was lost by reason of the defendant’s negligence. This conclusion was based on the assumption that Clum’s Express was the agent of the defendánt, and hence that the defendant was liable for the negligence of its agent or servant. The relationship, however, of principal and agent between the defendant and Clnm’s Express cannot be predicated on the facts which have been made to appear.
Clum’s Express is conceded to have been a common carrier. The evidence shows that it delivered much merchandise for different parties to the steamboat…
2Cases cited2 opinions
- Stewart v. . StoneNew York Court of Appeals · 1891
- Fairfax v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1876
3Cited by8 opinions
- Maisel v. Gruner & Jahr USA, Inc.Appellate Division of the Supreme Court of the State of New York · 1982
- Lehman v. FischzangCivil Court of the City of New York · 1966
- Leland Wine & Liquor Store, Inc. v. Midtown Warehouse, Inc.New York Supreme Court · 1943
- Waldman v. KleinAppellate Division of the Supreme Court of the State of New York · 1913
- Louisville Woolen Mills v. BrittSuperior Court of Pennsylvania · 1926
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