Boniface v. Relyea
The Superior Court of New York City
Appeal from a judgment. This action was to recover damages for an injury alleged to have been occasioned by the negligent act of the defendant’s servant. The defendant was an undertaker, and was employed by one Darrow to superintend the funeral of his deceased father. ' Darrow testified that he made an arrangement with the defendant to superintend and have the whole and sole control of the burial of his deceased father.
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Appeal from a judgment. This action was to recover damages for an injury alleged to have been occasioned by the negligent act of the defendant’s servant. The defendant was an undertaker, and was employed by one Darrow to superintend the funeral of his deceased father. ' Darrow testified that he made an arrangement with the defendant to superintend and have the whole and sole control of the burial of his deceased father. That the defendant was to furnish five carriages and horses, the coffin and shroud, and attend to the opening of the grave. He was to send two carriages to the plaintiff’s…
1Opinion of the Court
By the Court.—Monell, J.
—The main questions in this case are presented by the denial of the motion to dismiss the complaint, on the ground that the plaintiff had furnished no evidence that the driver of the carriage was in the employment or under the control or direction ■ of the defendant.: and by the refusal to charge the jury that if the defendant was the agent of Darrow, who employed him, he was not liable. I do not think any question can properly be raised now on the evidence subsequently furnished by the defendant, that the carriage and horses were owned by the driver.
The motion to…
2Cases cited3 opinions
- Thorne v. DeasNew York Supreme Court · 1809
- Nolton v. . Western Railroad CorporationNew York Court of Appeals · 1857
- Weed v. . the Panama Railroad CompanyNew York Court of Appeals · 1858
3Cited by5 opinions
- John H. Radel Co. v. BorchesCourt of Appeals of Kentucky · 1912
- Kessler v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- Higgins v. Western Union Telegraph Co.The Superior Court of the City of New York and Buffalo · 1894
- Higgins v. Western Union Telegraph Co.The Superior Court of New York City · 1894
- Hill v. SheehanSuperior Court of Buffalo · 1892