Simons v. Monier
New York Supreme Court
EIOE to and on and after the 17th day of July, 1854, the plaintiff was the owner, and in the occupation and possession of a farm or tract of land lying in the town of Prattsburgh, in the county of Steuben, containing eighty-one acres of land, about 35 or 40 acres of which was improved and under cultivation, and the residue was wood land.
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EIOE to and on and after the 17th day of July, 1854, the plaintiff was the owner, and in the occupation and possession of a farm or tract of land lying in the town of Prattsburgh, in the county of Steuben, containing eighty-one acres of land, about 35 or 40 acres of which was improved and under cultivation, and the residue was wood land. The defendant was at the same time the owner and occupant (by his hired servant, Seth Terry, who resided upon the same) of a farm or tract of land, bounded on the south, in part, by the said farm of the plaintiff. The farm of the defendant was partly…
1Opinion of the CourtJohnson, J.
The defendant’s counsel requested the judge to charge the jury that J ohn Terry was not the servant of the defendant, but of Seth Terry, and that the "defendant was in no way responsible for his acts. The judge refused so to charge, and charged in substance that the act of John Terry, in setting the fire, was the act of Seth Terry, and that, if it was negligent to set the fire at the time, and under the circumstances described by the witnesses, then the plaintiff was entitled to recover. Seth Terry was the defendant’s hired servant, and worked on the farm on which the fire was set, by the…
2Cases cited3 opinions
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- Ulman v. LindemanNorth Dakota Supreme Court · 1919
- Ohio & Mississippi Railroad v. DavisIndiana Supreme Court · 1864
- James v. MuehlebachMissouri Court of Appeals · 1889
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