Courtney v. Baker
New York Court of Appeals
Appeal from order of the General Term of the Superior Court of the city of New York, reversing a judgment in favor of plaintiff entered on a verdict, and reversing an order of Special Term denying a motion for a new trial and granting a new trial. (Reported below, 2 J. & S, 529.) This action was brought to recover damages sustained by plaintiff through the alleged negligence of defendants’ employe.
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Appeal from order of the General Term of the Superior Court of the city of New York, reversing a judgment in favor of plaintiff entered on a verdict, and reversing an order of Special Term denying a motion for a new trial and granting a new trial. (Reported below, 2 J. & S, 529.) This action was brought to recover damages sustained by plaintiff through the alleged negligence of defendants’ employe. On the 27th July, 1869, plaintiff was engaged as longshoreman, or loader, in loading bales of cotton upon a cart on defendants’ wharf. There was a row of cotton bales standing on end, on one side…
1Opinion of the CourtRapallo, J.
We have examined the testimony given on the trial and are of opinion that there was sufficient evidence to require the submission to the jury of the question whether Hand, the defendants’ delivery clerk, was at the time of the infliction of the injury complained of, acting within the scope of his employment. In considering this question we are not confined to the testimony-of Hand, but must look also at the statements of the other witnesses; and it was for the jury to say to which they would give credit. That Hand was employed by the defendants as their delivery clerk is conceded ; but there…
2Cases cited2 opinions
- Wright v. . HunterNew York Court of Appeals · 1871
- Tracey v. . AltmyerNew York Court of Appeals · 1871
3Cited by15 opinions
- Gamble v. Queens County Water Co.New York Court of Appeals · 1890
- Auten v. United States Nat. Bank of NYSupreme Court of the United States · 1899
- Irwin v. . CurieNew York Court of Appeals · 1902
- Young v. United States Mortgage & Trust Co.New York Court of Appeals · 1915
- State Bank of Commerce v. StoneNew York Court of Appeals · 1933
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