Thorn v. Clark
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Edgar Clark and another, from a judgment of the County Court of Clinton county, entered in the office of the clerk of said county on the 11th day of March, 1919, upon the verdict of a jury for $150, and also from an order entered in said clerk’s office on or about the same day denying defendants’ motion for a new trial made upon the minutes.
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Appeal by the defendants, Edgar Clark and another, from a judgment of the County Court of Clinton county, entered in the office of the clerk of said county on the 11th day of March, 1919, upon the verdict of a jury for $150, and also from an order entered in said clerk’s office on or about the same day denying defendants’ motion for a new trial made upon the minutes. An automobile owned by the defendant Clark and driven by the defendant Laravie collided on a public highway with an automobile driven by the plaintiff and for injuries received by the latter in such collision he has recovered the…
1Opinion of the Court
Cochrane, J.:
Evidence was developed bearing on the question as to whether Laravie in repairing the automobile was doing so as the servant of the proprietors of the garage where he worked. I shall assume as claimed by the respondent that such was not the case.
Starting with this assumption I am of the opinion that no liability has been established against the defendant Clark, the owner of the automobile. Such liability must depend on the relationship of master and servant between Clark and Laravie. It seems to be quite well established that in making repairs like those in question such…
2Cases cited4 opinions
- Hexamer v. . WebbNew York Court of Appeals · 1886
- Claim of Rheinwald v. Builders' Brick & Supply Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Matter of Litts v. . Risley Lumber Co.New York Court of Appeals · 1918
- Perry v. FoxAppellate Terms of the Supreme Court of New York · 1915
3Cited by10 opinions
- Bell v. StateCourt of Appeals of Maryland · 1927
- Costan v. SmithSupreme Court of Virginia · 1925
- Ederer v. Milwaukee Automobile InsuranceWisconsin Supreme Court · 1936
- Potchasky v. MarshallAppellate Division of the Supreme Court of the State of New York · 1925
- Claim of Bache v. Salvation ArmyAppellate Division of the Supreme Court of the State of New York · 1922
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