Jones v. Weigand
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Francis Jones, an infant, etc., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the cleric of the county of Queens on the 29th day of June, 1909, upon the dismissal of the complaint by direction of the court after a trial at the Queens County Trial Term.
1Opinion of the Court
Miller, J.:
The plaintiff was struck and run over by a coach owned by the defendant and driven by his employee, and brings this action to recover for the personal injuries thereby sustained. At the close of the evidence the court dismissed the complaint on the ground that the negligent act of the driver was not done in the course of his employment as such.
The driver had been sent with a coach by his employer to. an undertaker for use at a funeral. According to directions he went to 1134 Manhattan avenue, Kings county, drove a gentleman from there to 320 East Ninetieth street, New York, the…
2Cases cited5 opinions
- Quinn v. . PowerNew York Court of Appeals · 1882
- Cunningham v. CastleAppellate Division of the Supreme Court of the State of New York · 1908
- McCarthy v. TimminsMassachusetts Supreme Judicial Court · 1901
- Sheridan v. CharlickNew York Court of Common Pleas · 1872
- Williams v. H. Koehler & Co.Appellate Division of the Supreme Court of the State of New York · 1899
3Cited by46 opinions
- Riviello v. WaldronNew York Court of Appeals · 1979
- Judith M. v. Sisters of Charity HospitalNew York Court of Appeals · 1999
- O'Boyle v. Avis Rent-A-Car System, Inc.Appellate Division of the Supreme Court of the State of New York · 1981
- Riley v. . Standard Oil Co.New York Court of Appeals · 1921
- Cepeda v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1987
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