Stevens v. . Squires
New York Court of Appeals
Appeal from the general term of the Supreme Court, in the third district, where a judgment entered upon a verdict in favor of the plaintiff had been affirmed.
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Appeal from the general term of the Supreme Court, in the third district, where a judgment entered upon a verdict in favor of the plaintiff had been affirmed. This was an action on the case to recover damages for a personal injury sustained by the plaintiff, by the negligence of one alleged to be the defendants’ servant, in lowering a box from an upper story of their store, to the pavement of the side-walk in River street, a public highway, in the city of Troy, in November 1845. It was not pretended, that any act done by the defendants personally contributed to the injury. *It appeared on the…
1Opinion of the CourtJewett, J.
(after stating the pleadings and the facts of the case.) — There is no question, but that the party who actually did the injury complained of, was the porter; and unless the relation of master and servant existed between him and the defendants, at the time, the act of the former, however careless, could not create any liability in the latter. The correctness of this principle was apparently recognised by the judge in his charge to the jury; for he stated to them what facts, if found from the evidence, would, for the time being, constitute that relation between the defendants and the porter,…
2Cited by14 opinions
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