Whitaker v. . Eighth Avenue R.R. Co.
New York Court of Appeals
Appeal from judgment of the Superior Court of the city of Hew York in favor of plaintiff, entered upon an order denying motion for a new trial, and directing judgment upon a verdict. (Reported below, 5 Robt., 650) This action was brought to recover damages for an injury caused by the willful act of one of defendant’s car drivers in running one of its cars against him and throwing him into an excavation by the side of the track.
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Appeal from judgment of the Superior Court of the city of Hew York in favor of plaintiff, entered upon an order denying motion for a new trial, and directing judgment upon a verdict. (Reported below, 5 Robt., 650) This action was brought to recover damages for an injury caused by the willful act of one of defendant’s car drivers in running one of its cars against him and throwing him into an excavation by the side of the track. The plaintiff, in opening his case, stated that the action was brought to recover damages of the defendant for the willful act of its driver in running against the…
1Opinion of the Court
Gray, C.
At common law the liability of the owner of a vehicle, used for the transportation of persons for injuries resulting from the acts of his driver, extends to those injuries only which result from the driver’s misjudgment or negligence while engaged for the owner in his vocation as a driver. (Wright v. Wilcox, 19 Wend., 344, 345; Hibbard v. The N. Y. and E. R. R. Co., 15 N. Y. R., 467; Mali v. Lord, 39 id., 383; Fraser v. Freeman, 43 id., 566; Isaacs v. Third Avenue R. R. Co., 47 N. Y., 122.) The theory upon which this action was brought and tried cannot be upheld, unless it is within…
2Cases cited3 opinions
- Luby v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1858
- Isaacs v. . Third Avenue R.R. Co.New York Court of Appeals · 1871
- Hegan v. . Eighth Avenue Railroad CompanyNew York Court of Appeals · 1857
3Cited by22 opinions
- People v. BrownNew York Court of Appeals · 1987
- Waldele v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1884
- Conder v. GriffithIndiana Court of Appeals · 1916
- Waldele v. New York Central & Hudson River RailroadNew York Court of Appeals · 1884
- Moore v. Kansas City & Independence Rapid Transit Railway Co.Supreme Court of Missouri · 1895
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