Loughlin v. . State of New York
New York Court of Appeals
Appeal from an award of the Board of Claims, made September 10, 1885. The claim was for personal injuries received by the claimant while in the employ of the State on the State boat on Lake Champlain. On May eighteenth, while so employed, he was engaged, under the directions of the captain of the boat, in digging and wheeling clay from a bank near the canal on to the boat.
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Appeal from an award of the Board of Claims, made September 10, 1885. The claim was for personal injuries received by the claimant while in the employ of the State on the State boat on Lake Champlain. On May eighteenth, while so employed, he was engaged, under the directions of the captain of the boat, in digging and wheeling clay from a bank near the canal on to the boat. Wells, the captain of the boat, had loosened the overhanging earth, and while the claimant was under it, it fell and he was injured. A servant, who has accepted service with knowledge of the character and position of…
1Opinion of the CourtAndrews, J.
We think "the award in this case is in conflict with the decisions of this court defining the responsibility of employers for injuries sustained by servants while engaged in performing the service for which they were employed, resulting from the negligence of co-servants. The master is sometimes responsible for the negligent act of one servant causing injury to a co-servant. But this liability, when it exists, does not rest upon the doctrine of respondeat superior, but solely upon the ground that in the particular case the co-servant, whose act or neglect caused the injury, was, by the…
2Cases cited5 opinions
- Chicago, Milwaukee & St. Paul Railway Co. v. RossSupreme Court of the United States · 1884
- Crispin v. . BabbittNew York Court of Appeals · 1880
- Barbaroux v. BarkerCourt of Appeals of Kentucky · 1862
- Slater v. . JewettNew York Court of Appeals · 1881
- Hofnagle v. . N.Y. Cen. H. River R.R. Co.New York Court of Appeals · 1874
3Cited by79 opinions
- Cullen v. . NortonNew York Court of Appeals · 1891
- Perry v. . RogersNew York Court of Appeals · 1898
- Donnelly v. San Francisco Bridge Co.California Supreme Court · 1897
- Schaub v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1891
- Gmaehle v. . RosenbergNew York Court of Appeals · 1904
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