East v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
- Appeal -by the defendant, The Brooklyn Heights ¡Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the County of ¡Ricln mond on the 24th day of October, 1905, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on -the, -17th day of ¡November, 1905, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Gaynor, J.:..Thi-aii; action for damages brought against a master for a toft of his servant under the rule of respondeat superior, punitive damages cannot be given against him for the. malice of the servant. This rule is so well known among us, being applied every day by trial -judges,' that it may well seem that no citation of authority should bo made for it, hut a full discussion of -the subject may be found in Lake Shore, etc., R. Co. v. Prentice (147 U. S. 101).
But in this case the jury were charged , that they might give smart 'money damage against the defendant for the malice,…
2Cases cited1 opinion
- Lake Shore & Michigan Southern Railway Co. v. PrenticeSupreme Court of the United States · 1893
3Cited by3 opinions
- Magagnos v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1908
- East v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1908
- Jacobs v. WanamakerCity of New York Municipal Court · 1912