Spencer v. . State of New York
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 16, 1906, affirming a judgment in favor of plaintiff entered upon an award of the Court of Claims. The nature of the action and the facts, so far as material, are stated in the opinion.
1Opinion of the CourtHiscock, J.
While plaintiff • was at work for defendant around one of its canal bridges, in the city of Rochester, he was struck and injured by a plank which was thrown down upon him from the elevated bridge by one Patterson, who was a bridgeteuder, and for the damages resulting from such injuries he has recovered judgment. .
It is urged in behalf of the appellant that at the time Patterson injured the respondent, he wras engaged in an enterprise of liis own and was not in any degree whatever acting within the scope of his employment so as to render the state liable for his misconduct, and that,…
2Cases cited4 opinions
- Barrett v. . the Third Avenue R.R. Co.New York Court of Appeals · 1871
- Jones v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Hobson v. New York Condensed Milk Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Griffith v. Staten Island R. T. RailroadNew York Supreme Court · 1895
3Cited by11 opinions
- Ziegelasch v. DurrSupreme Court of Kansas · 1958
- McAleenan v. Massachusetts Bonding & InsuranceNew York Court of Appeals · 1921
- Smith v. . State of New YorkNew York Court of Appeals · 1915
- Ehde v. StateAppellate Division of the Supreme Court of the State of New York · 1940
- Ostrander v. . State of New YorkNew York Court of Appeals · 1908
6 more not listed; retrieve them via the Exa API.