Hussey v. . Coger
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 13, 1887, which affirmed a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 39 Hun, 639.) The nature of the action and the facts are sufficiently stated in the opinion. The superintendent’s acts were done in the range of the common employment, for which defendant is not liable.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 13, 1887, which affirmed a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 39 Hun, 639.) The nature of the action and the facts are sufficiently stated in the opinion. The superintendent’s acts were done in the range of the common employment, for which defendant is not liable. (McCosker v. L. I. R. R. Co., 84 N. Y. 77; Laughlin v. State N. Y., 105 id. 159; Neubauer v. N. Y., L. E. & W. R. R. Co., 101 id. 607; Crispin v. Babbitt, 81 id. 561.)…
1Opinion of the Court
Ruger, Ch. J.
This action was instituted by a servant of the defendant to recover damages for an injury received in the course of his employment. After a verdict the servant died and the action was revived by his administratrix, who was substituted as plaintiff to defend an appeal. While there was much controversy on the trial as to some of the collateral facts of the case, there was none as to the controlling circumstances which, in our judgment, determine the non-liability of the defendant. We are of the opinion that there was. no evidence upon which a charge of negligence can justly be…
2Cases cited2 opinions
- Crispin v. . BabbittNew York Court of Appeals · 1880
- Dutcher v. . Importers Traders' Nat. BankNew York Court of Appeals · 1874
3Cited by66 opinions
- Cullen v. . NortonNew York Court of Appeals · 1891
- Perry v. . RogersNew York Court of Appeals · 1898
- Kimmer v. . WeberNew York Court of Appeals · 1897
- Southern Indiana Railway Co. v. HarrellIndiana Supreme Court · 1903
- Taylor v. Evansville & Terre Haute RailroadIndiana Supreme Court · 1889
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