Higgins v. Western Union Telegraph Co.
The Superior Court of New York City
Appeal by defendant from judgment rendered on verdict in favor of plaintiff, and from order denying motion for a new trial.
1Opinion of the CourtMcAdam, J.
When the record of the former trial was before us we decided as matter of law, from the facts- disclosed, that Algar was the servant of the defendant at the time of the injury complained of, and that the defendant was responsible for his negligence on the theory of respondeat superior. See report of case, 8 Misc. Rep. 433; 58 N. Y. St. Repr. 852; 28 N. Y. Supp. 676. Following that ruling the trial judge at the second trial charged the jury, in the nature of a binding instruction, that the defendant was Algar’s master at the time of the accident, and as such responsible for any negligence on…
2Cases cited3 opinions
- White v. Norfolk & Southern RailroadSupreme Court of North Carolina · 1894
- Sheridan v. CharlickNew York Court of Common Pleas · 1872
- Higgins v. Western Union Telegraph Co.The Superior Court of the City of New York and Buffalo · 1894