Rolfe v. . Hewitt
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 20, 1918, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. There was neither pleading nor evidence to justify a recovery. The respondeat superior rule is inapplicable.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 20, 1918, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. There was neither pleading nor evidence to justify a recovery. The respondeat superior rule is inapplicable. (Haskell v. L. H. & P. Co., 209 N. Y. 91; Southwick v. Bank, 84 N. Y. 429; Stewart v. Sulger, 174 App. Div. 841; Massaletti v. Fitzroy, 228 Mass. 487; Lowell v. Williams, 183 App. Div. 701; Morris v. Brown, 111…
1Opinion of the CourtMcLaughlin, J.
On the 30th of March, 1917, plaintiff’s intestate was killed by the overturning of an automobile in which he was riding. The automobile was owned-by the defendant and at the time of the accident was being driven by his chauffeur on the highway between Bearsville and Woodstock, in the county of Ulster, N. Y. This action was brought to recover damages by reason of his death, alleged to have been caused by the negligence of defendant’s chauffeur. Plaintiff had a verdict, upon which judgment was entered, and an appeal taken to the Appellate Division, third department, which resulted in an…
2Cases cited17 opinions
- Mott v. . Consumers' Ice CompanyNew York Court of Appeals · 1878
- Eaton v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1874
- Edwards v. . DooleyNew York Court of Appeals · 1890
- Driscoll v. ScanlonMassachusetts Supreme Judicial Court · 1896
- Morris v. . BrownNew York Court of Appeals · 1888
12 more not listed; retrieve them via the Exa API.
3Cited by53 opinions
- Connell v. HaydenAppellate Division of the Supreme Court of the State of New York · 1981
- Morris v. Snappy Car Rental, Inc.New York Court of Appeals · 1994
- Gochee v. WagnerNew York Court of Appeals · 1931
- Psota v. Long Island R.R. Co.New York Court of Appeals · 1927
- O'Leary v. FashMassachusetts Supreme Judicial Court · 1923
48 more not listed; retrieve them via the Exa API.