Myrurgia Perfumes, Inc. v. American Airlines, Inc.
Civil Court of the City of New York
1Opinion of the CourtRichard S. Lane, J.
Does an employer have a cause of action for damages against a person who tortiously caused its employee to suffer injuries ? That is the question raised by this motion to dismiss.
Our common-law inheritance from the mother country contains the hoary precedent that a master may maintain an action for loss of services of a servant wrongfully injured by a third person. So it was held by the Supreme Court sitting in Rochester in Woodward v. Washburn (3 Denio 369 [1846]), the court stating at page 374 that: “It is not necessary, to sustain such an action, to show that the person whose service has…
2Cases cited7 opinions
- Tidd v. . SkinnerNew York Court of Appeals · 1919
- Bartley v. . RichtmyerNew York Court of Appeals · 1850
- Woodward v. WashburnNew York Supreme Court · 1846
- Lawyer v. . FritcherNew York Court of Appeals · 1891
- Employers' Liability Assurance Corp., Ltd. v. DaleyNew York Court of Appeals · 1948
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3Cited by4 opinions
- Mattingly v. Sheldon Jackson CollegeAlaska Supreme Court · 1987
- Ferguson v. Green Island Contracting Corp.Appellate Division of the Supreme Court of the State of New York · 1974
- Barry & Sons, Inc. v. Instinct Productions LLCAppellate Division of the Supreme Court of the State of New York · 2005
- Ferguson v. Green Island Contracting Corp.Appellate Division of the Supreme Court of the State of New York · 1974