Gleason v. Amsdell
New York Court of Common Pleas
Appeal from a judgment of this court entered upon the report of a referee. The action was brought to recover damages for a personal injury alleged to be caused by the negligence of the defendants. The facts'are stated in the opinion. Upon trial before a referee, he found for the plaintiff, and upon his report, judgment for the plaintiff was entered. From the judgment the defendants appealed.
1Opinion of the Court
Charles P. Daly Chief Justice.
The only question raised or discussed by the defendants, upon this appeal, is whether the relation of master and servant existed between the defendants and Strube, the person whose negligence was the cause of the injury. The defendants’ counsel conceded, upon the argument, that in respect to the question of contributory or co-operating negligence, the finding of the referee was conclusive, and the counsel did not discuss it.
The referee finds upon the law applicable to the facts, that the relation of master and servant existed between Strube and the defendants ;…
2Cases cited3 opinions
- Blake v. . FerrisNew York Court of Appeals · 1851
- Althorf v. . WolfeNew York Court of Appeals · 1860
- Suydam v. MooreNew York Supreme Court · 1850
3Cited by5 opinions
- Sibley v. City Service Transit Co.Supreme Court of New Jersey · 1949
- Wooding v. ThomAppellate Division of the Supreme Court of the State of New York · 1911
- City of Indianapolis v. LeeIndiana Court of Appeals · 1921
- Claim of Vance v. Hut Neckwear Co.Appellate Division of the Supreme Court of the State of New York · 1952
- Harris v. BellSupreme Court of Alabama · 1937