Legal Opinion

Svendsen v. Frank McWilliams, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided June 20, 1913PublishedCited by 3 opinions

Appeal by the defendant, Frank McWilliams, Incorporated, from a judgment of the Supreme Court, entered in the office of the clerk of the county of Richmond on the 27th day of January, 1913, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 20th day of January, 1913, denying defendant’s motion for a new trial.

1Opinion of the Court

Carr, J.:

This is an appeal from a judgment entered upon the verdict of a jury in the sum of $7,586.05, in an action brought to recover damages for personal injury alleged to have occurred through the negligence of the defendant. The action is that of a servant against the master, and the negligence in question is alleged to have been that of one Stackhouse, who was a superintendent of the defendant. The nature of the alleged negligence is such that it would have fallen under the ordinary rule of a “ detail ” of the work, unless that rule has been abrogated or modified by the amendment to the…

2Cases cited2 opinions

  1. Patterson v. HochsterAppellate Division of the Supreme Court of the State of New York · 1899
  2. Cashmore v. Peerless Motor Car Co.Appellate Division of the Supreme Court of the State of New York · 1913

3Cited by3 opinions

  1. Griffith v. American Bridge Co.Appellate Division of the Supreme Court of the State of New York · 1914
  2. Cocchia v. Rapid Addressing Machine Co.Appellate Division of the Supreme Court of the State of New York · 1916
  3. Ochs v. KroehleAppellate Division of the Supreme Court of the State of New York · 1918

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