Baker v. . Allen Arnink Auto Renting Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 30, 1920, affirming a judgment in favor of plaintiff entered upon a verdict. On undisputed testimony the driver “ Mesick ” was at the time of the accident in the employ of and under the sole control of the defendant hospital and the denial of the motion of defendant Allen and Arnink Auto Renting Company for a nonsuit as to it wa's error.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 30, 1920, affirming a judgment in favor of plaintiff entered upon a verdict. On undisputed testimony the driver “ Mesick ” was at the time of the accident in the employ of and under the sole control of the defendant hospital and the denial of the motion of defendant Allen and Arnink Auto Renting Company for a nonsuit as to it wa's error. (Hartwell v. Simonson & Son Co., 218 N. Y. 345; Schmedes v. Deffaa, 153 App. Div. 822; 214 N. Y. 675; Muldoon v. City Fireproofing Co., 134…
1Opinion of the CourtPound, J.
Homeopathic Hospital of Albany became the owner of a fine new Cadillac automobile ambulance. It made an agreement with Allen & Arnink Auto Renting Company to run it for one month, beginning November 1, 1918, for $75 a month, the auto company to store the car in its garage, furnish a driver, answer all calls, night and day, Sundays and holidays, and keep the ambulance clean and in proper running order. On November 8,1918, an accident occurred when the ambulance was being driven under the contract by Mesick, the driver furnished by the auto company. He drove the ambulance recklessly into…
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