Keep v. Walsh
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Charles H. Keep and others, from a judgment of the Supreme Court in favor of.the defendants, entered in the office of the clerk of the county of Niagara on the 24th day of July, 1896, 'upon the verdict of a jury, and also from an order entered in said clerk’s office on the 14th day of August, 1896, denying the plaintiffs’ motion for a new trial made upon the minutes.
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Appeal by the plaintiffs, Charles H. Keep and others, from a judgment of the Supreme Court in favor of.the defendants, entered in the office of the clerk of the county of Niagara on the 24th day of July, 1896, 'upon the verdict of a jury, and also from an order entered in said clerk’s office on the 14th day of August, 1896, denying the plaintiffs’ motion for a new trial made upon the minutes. Plaintiffs are the owners of a store lcnowii as No. 99 Main street, in the city of Lockport; it was leased by them to the American Express Company, and was occupied by the company on July 22, 1895. The…
1Opinion of the Court
Green, J:
The learned trial justice charged the jury that in addition to prov-. ing damage and the negligence of defendants’ servant in causing same, “ The plaintiff must -establish more .than those facts in order *109to justify you in reaching a conclusion adverse to that of the defendants. It must appear that the servant was acting under the instructions of the defendants, or that he was acting independent of any direction previously given, but that the. acts of the servant became-known to the defendants and were approved during the time that he was engaged in the service and before he attempted…
2Cases cited5 opinions
- Cosgrove v. . OgdenNew York Court of Appeals · 1872
- Pittsburgh, Cincinnati & St. Louis Railway Co. v. KirkIndiana Supreme Court · 1885
- Walker v. JohnsonSupreme Court of Minnesota · 1881
- Wellman v. MinerAppellate Terms of the Supreme Court of New York · 1897
- Atchison, Topeka & Santa Fé Railroad v. RandallSupreme Court of Kansas · 1888
3Cited by2 opinions
- Thyssen ex rel. Thyssen v. Davenport Ice & Cold Storage Co.Supreme Court of Iowa · 1907
- Cogswell v. Rochester Machine Screw Co.Appellate Division of the Supreme Court of the State of New York · 1899