Braxton v. . Mendelson
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 7,1921, unanimously affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 7,1921, unanimously affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The defendant Mendelson, engaged in the general trucking business, was, at the time of the accident, operating as an independent contractor, under the express terms of his written contract with the Mutual McDermott Dairy Corporation, “ to do all the trucking work ” for said corporation, “ to be liable for shortage of goods and…
1Opinion of the CourtAndrews, J.
Benjamin S. Mendelson was engaged in the trucking business. The Mutual McDermott Milk Company delivered milk to customers in the city of New York. For this purpose it used his trucks. One of them, through the alleged negligence of the driver, ran over and killed the deceased. Was Mendelson liable for damages? The Trial Term held that he was not. The Appellate Division reached the same conclusion. We think both courts were mistaken.
The rule governing such cases is a simple one. Was the servant whose negligence injured a third party, per forming work for his master within the scope of his…
2Cases cited1 opinion
- Brady v. . CassidyNew York Court of Appeals · 1887
3Cited by61 opinions
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- Densby v. BartlettIllinois Supreme Court · 1925
- McFarland v. Dixie MacHinery & Equipment Co.Supreme Court of Missouri · 1941
- Shannon v. NightingaleIllinois Supreme Court · 1926
- Nash v. Sears, Roebuck & Co.Michigan Supreme Court · 1970
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