Ford v. Grand Union Co.
New York Court of Appeals
act of the manager was not in the scope of his employment, and had no connection whatever therewith. (Oakes v. Marshall-W ells Hardware Co., 158 Wis. 165; Fiocco v. Carver, 234 N. Y. 219; Joel v. Morrison, 6 C. & P. 501; Rodgers v. Tobias, 225 S. W. Rep. 804; Smith v. Peach, 200 Mass. 504; Hough v. Leech, 187 Ark. 731; Smith v. N. Y. C. & H. R. R. R. Co., 78 Hun, 524; Haack v. Fearing, 4 Abb. Pr. IN. S.] 297; Buchanan v. Western Union Tel.
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act of the manager was not in the scope of his employment, and had no connection whatever therewith. (Oakes v. Marshall-W ells Hardware Co., 158 Wis. 165; Fiocco v. Carver, 234 N. Y. 219; Joel v. Morrison, 6 C. & P. 501; Rodgers v. Tobias, 225 S. W. Rep. 804; Smith v. Peach, 200 Mass. 504; Hough v. Leech, 187 Ark. 731; Smith v. N. Y. C. & H. R. R. R. Co., 78 Hun, 524; Haack v. Fearing, 4 Abb. Pr. IN. S.] 297; Buchanan v. Western Union Tel. Co., 115 S. C. 433; Stone v. Eisen Co., 219 N. Y. 205.) The defendant cannot be held liable by reason of any non-delegable duty on its part as owner of the…
1Opinion of the CourtLehman, J.
The defendant operates a chain of stores for the sale of groceries and meats. One of these stores is in the village of Dannemora. There, five men were employed by the defendant. Two employees conducted a department for the sale of meats. Three employees conducted a department for the sale of groceries. The manager of the grocery department had general charge of the store, at least so far as concerns matters that did not relate solely to the conduct of the meat department. He was designated as “ manager ” on one of the defendant’s cards which was hung up in the store. He had the keys to the…
2Cases cited2 opinions
- Fletcher v. Baltimore & Potomac RailroadSupreme Court of the United States · 1897
- Hogle v. H. H. Franklin Manufacturing Co.New York Court of Appeals · 1910
3Cited by37 opinions
- Dempsey v. Walso Bureau, Inc.Supreme Court of Pennsylvania · 1968
- Juiditta v. Bethlehem Steel Corp.Appellate Division of the Supreme Court of the State of New York · 1980
- Grand Union Co. v. General Accident, Fire & Life Assurance Corp.Appellate Division of the Supreme Court of the State of New York · 1938
- Jenkins v. BurgosAppellate Division of the Supreme Court of the State of New York · 1984
- Honaman v. PhiladelphiaSupreme Court of Pennsylvania · 1936
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