Higgins v. . Western Union Telegraph Co.
New York Court of Appeals
Appeal from a judgment of the General Term of the late Superior Court of the city of Hew York, entered January 11, 1895, affirming a judgment in favor of plaintiff, entered upon a verdict, and an order denying a motion for a new trial. This action was brought to recover damages for a personal injury alleged to have been occasioned by the negligence of the defendant. The facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the General Term of the late Superior Court of the city of Hew York, entered January 11, 1895, affirming a judgment in favor of plaintiff, entered upon a verdict, and an order denying a motion for a new trial. This action was brought to recover damages for a personal injury alleged to have been occasioned by the negligence of the defendant. The facts, so far as material, are stated in the opinion. The relation of master and servant must be shown to exist between the" defendant.and the persons whose acts or omissions cansed.tlie injury before any liability can be…
1Opinion of the CourtO'Brien, J.
The plaintiff sustained a personal injury on the 7th day of December, 1891, while engaged in using the elevator in defendant’s building at the corner of Broadway and Dey street in the city of Hew York. The negligent act to which the injury is to be attributed was committed by a general servant of the defendant, whose duty it was to manage and operate the elevator.
The question in this case is whether the defendant is responsible under the doctrine of respondeat superior for the negligence of its servant under the circumstances of the case. There is practically no dispute with respect to the…
2Cases cited3 opinions
- Wyllie v. . PalmerNew York Court of Appeals · 1893
- Engel v. . Eureka ClubNew York Court of Appeals · 1893
- McInerney v. President, Managers & Co. of Delaware & Hudson Canal Co.New York Court of Appeals · 1897
3Cited by94 opinions
- Standard Oil Co. v. AndersonSupreme Court of the United States · 1909
- Driscoll v. TowleMassachusetts Supreme Judicial Court · 1902
- Denton v. Yazoo & Mississippi Valley RailroadSupreme Court of the United States · 1932
- Halkias v. Wilkoff Co.Ohio Supreme Court · 1943
- Jones v. HogeWashington Supreme Court · 1907
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