Clawson v. . Pierce-Arrow Motor Car Co.
New York Court of Appeals
Appeal from a judgment, entered March 18, 1918, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. There was evidence which required the question of what errand the car was on to be submitted to the jury.
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Appeal from a judgment, entered March 18, 1918, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. There was evidence which required the question of what errand the car was on to be submitted to the jury. (Ferris v. Sterling, 214 N. Y. 249; Morris v. Kohler, 41 N. Y. 42; Rose v. Balfe, 223 N. Y. 481; Ellwood v. Western Union Tel. Co., 45 N. Y. 549; Volkmar v. Manhattan Ry. Co., 134 N. Y. 418; Schuster v. Erie R. R. Co., 145 App. Div. 71;…
1Opinion of the CourtCardozo, J.
The plaintiff was run down in the streets of Buffalo by the defendant’s automobile in charge of the defendant’s servant. The question is whether the servant was engaged in the employer’s business.
The defendant is a manufacturer of motor cars. One Pratt, the manager of the sales department, was an invalid, and used one of the cars to travel between his office and his home. He did this with the defendant’s knowledge. Sometimes the car, after leaving Pratt at home, was driven west to the defendant’s factory. Sometimes, it was driven south to the defendant’s repair shop or garage. This time it…
2Cases cited2 opinions
- Riley v. . Standard Oil Co.New York Court of Appeals · 1921
- Williams v. H. Koehler & Co.Appellate Division of the Supreme Court of the State of New York · 1899
3Cited by54 opinions
- Claim of Dependents of Marks v. GrayNew York Court of Appeals · 1929
- Butler v. Industrial CommissionArizona Supreme Court · 1937
- (AMERICAN) LUMBERMENS MUT. CAS. CO. v. Timms & HowardCourt of Appeals for the Second Circuit · 1939
- Wilson v. Rowan Drilling Co.New Mexico Supreme Court · 1950
- Cooner v. United StatesCourt of Appeals for the Fourth Circuit · 1960
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