Mott v. . Consumers' Ice Company
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York, affirming a judgment in favor of defendant, entered, upon an order nonsuiting plaintiff on trial.
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Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York, affirming a judgment in favor of defendant, entered, upon an order nonsuiting plaintiff on trial. This action was brought to recover damages for injuries-alleged to have been sustained by reason of the driver of one1 of defendant’s ice carts, while engaged in his duties, carelessly driving his cart against plaintiff’s carriage, upsetting; it, and doing the injuries complained of. Upon the trial plaintiff offered in evidence an answer to-the original complaint, which contained this…
1Opinion of the CourtAllen, J.
The injury complained of was committed by a servant of the defendant, and the sole question is, whether there was evidence for the jury that the act of the servant was one for which the master was responsible. The responsibility, of the master for the acts of a servant rests upon the express or implied authorization of the act by the master who, in the employment of another to act for him, assumes all the risks of a wrongful execution of his duties. The general principles, by which the liability of the master to respond for the consequences of the wrongful acts of his servant, are tested,…
2Cases cited5 opinions
- Wright v. J. & S. WilcoxNew York Supreme Court · 1838
- Mali v. . LordNew York Court of Appeals · 1868
- Weed v. . the Panama Railroad CompanyNew York Court of Appeals · 1858
- Shea v. . Sixth Avenue R.R. Co.New York Court of Appeals · 1875
- Courtney v. . BakerNew York Court of Appeals · 1875
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