Muller v. . Hillenbrand
New York Court of Appeals
Appeal in each of the above-entitled actions from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 27, 1917, modifying and affirming as modified a judgment in favor of plaintiff entered upon a verdict. The nature of the actions and the facts, so far as material, are stated in the opinion.
Read the full summary
Appeal in each of the above-entitled actions from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 27, 1917, modifying and affirming as modified a judgment in favor of plaintiff entered upon a verdict. The nature of the actions and the facts, so far as material, are stated in the opinion. In determining whether an assault committed by a servant was within the scope of his employment, the law considers only the precise situation at the time of the assault itself. (Girvin v. N. Y. C. & H. R. R. R. Co., 166 N. Y. 289; McKay v. Hudson…
1Opinion of the CourtMcLaughlin, J.
The infant plaintiff brought this action to recover damages for personal injuries alleged to have been sustained by reason of' an assault committed upon her by defendant’s janitor. The other action is by the infant’s mother to" recover damages resulting from such injuries. Each plaintiff had a verdict upon which judgment was entered for a substantial amount, and which, in each case, was'modified by the Appellate Division, and as modified affirmed. Defendant appeals to this court.
On the 9th of September, 1914, the defendant was the owner of two seven-story apartment houses in the city of New…
2Cases cited2 opinions
- Mott v. . Consumers' Ice CompanyNew York Court of Appeals · 1878
- Girvin v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1901
3Cited by32 opinions
- Osipoff v. City of New YorkNew York Court of Appeals · 1941
- Fanciullo v. B. G. & S. Theatre Corp.Massachusetts Supreme Judicial Court · 1937
- John v. LococoCourt of Appeals of Kentucky (pre-1976) · 1934
- Meyer v. StateNew York Court of Claims · 1978
- Zegman v. StateNew York Court of Claims · 1979
27 more not listed; retrieve them via the Exa API.