Cullen v. Thomas
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Matthew Cullen, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 20th day of June, 1911, granting the motion of the defendant Ealph Thomas for judgment on the pleadings, and also from the judgment entered in the office of the clerk of said county on the 5th day of July, 1912, upon said order.
1Opinion of the Court
McLaughlin, J.:
The plaintiff was run over by an automobile and brought this action to recover damages for the personal injuries sustained. At the trial he had a recovery, but on appeal the same was reversed and a new trial ordered upon the ground of a failure to allege in the complaint, or prove upon the trial, that the driver of the automobile was, at the time the accident occurred, engaged in defendants’ business or acting within the scope of his employment. (Cullen v. Thomas, 150 App. Div. 475.) After the judgment had been reversed and a new trial ordered, the defendant Ealph Thomas moved,…
2Cases cited4 opinions
- Stewart v. BaruchAppellate Division of the Supreme Court of the State of New York · 1905
- Fogarty v. WanamakerAppellate Division of the Supreme Court of the State of New York · 1901
- Fisher v. Brooklyn Jockey ClubAppellate Division of the Supreme Court of the State of New York · 1900
- Cullen v. ThomasAppellate Division of the Supreme Court of the State of New York · 1912