Riley v. . Standard Oil Co.
New York Court of Appeals
' Appeal from a judgment, entered April 24, 1920, upon an order of the Appellate Division of the Supreme Court in the second judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing. a dismissal of the complaint. The injury to the infant plaintiff was sustained while the defendant’s servant was acting within the scope of his employment and in the course of his master’s business. (Jones v. Wiegand, 134 App.
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' Appeal from a judgment, entered April 24, 1920, upon an order of the Appellate Division of the Supreme Court in the second judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing. a dismissal of the complaint. The injury to the infant plaintiff was sustained while the defendant’s servant was acting within the scope of his employment and in the course of his master’s business. (Jones v. Wiegand, 134 App. Div. 644; Williams v. Koehler & Co., 41 App. Div. 426; Quinn v. Power, 87 N. Y. 535; Bila v. Bloomingdale, 184 App. Div. 65; Geraty v. Nat. Ice…
1Opinion of the CourtAndrews, J.
Driving directly towards his master’s mill; his master’s truck loaded with his master’s goods for which his master had sent him; his only purpose to deliver them as his master had commanded; with no independent object of his own in, mind; -Million, a chauffeur employed by the defendant, ran over the plaintiff, negligently, as the jury have said with some evidence to support their finding. Therefore, the complaint should not have deen dismissed unless we can say as a matter of law that at the moment of the accident this chauffeur was not engaged in the defendant’s business. We reach no such…
2Cases cited5 opinions
- Cosgrove v. . OgdenNew York Court of Appeals · 1872
- Reilly v. . ConnableNew York Court of Appeals · 1915
- Quinn v. . PowerNew York Court of Appeals · 1882
- Jones v. WeigandAppellate Division of the Supreme Court of the State of New York · 1909
- McCarthy v. TimminsMassachusetts Supreme Judicial Court · 1901
3Cited by73 opinions
- Riviello v. WaldronNew York Court of Appeals · 1979
- Meyn v. Dulaney-Miller Auto Co.West Virginia Supreme Court · 1937
- Clawson v. . Pierce-Arrow Motor Car Co.New York Court of Appeals · 1921
- Matter of Babington v. Yellow Taxi Corp.New York Court of Appeals · 1928
- Cooner v. United StatesCourt of Appeals for the Fourth Circuit · 1960
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