McMullen v. Hoyt
New York Court of Common Pleas
Appeal by the defendant from a judgment entered on the verdict of a jury at trial term. This was an action for an injury sustained by the plaintiff, about nine o’clock in the evening of the 9th day of July, 1864, from being struck by a barrel of flour, which was being rolled from a truck in front of the defendants’ store, No. 19 South street, over a skid extending from the truck to the store. When struck plaintiff was stepping over the skid.
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Appeal by the defendant from a judgment entered on the verdict of a jury at trial term. This was an action for an injury sustained by the plaintiff, about nine o’clock in the evening of the 9th day of July, 1864, from being struck by a barrel of flour, which was being rolled from a truck in front of the defendants’ store, No. 19 South street, over a skid extending from the truck to the store. When struck plaintiff was stepping over the skid. The complaint substantially avers that the truck and skid belonged to the defendants, and that it was the defendants’ servants who were unloading the…
1Opinion of the Court
By the Court.—Van Vorst, J.
The just and proper disposition of this case depends upon the true relation which existed between the truckman and the defendants, at the time of the happening of the injury to the plaintiff.
If the truckman was then the servant of the defendants, they would be liable for the consequences of the act in question, if it was the result of negligence on the truckman’s part.
The master has always been held answerable in damages for an injury resulting from the negligence or want of skill by a servant in the performance of the master’s business.
*275The relation of master and…
2Cases cited5 opinions
- Lomer v. . MeekerNew York Court of Appeals · 1862
- De Forrest v. WrightMichigan Supreme Court · 1852
- Labar v. . KoplinNew York Court of Appeals · 1851
- Woodward v. WashburnNew York Supreme Court · 1846
- Weyant v. New York & Harlem RailroadThe Superior Court of New York City · 1854
3Cited by2 opinions
- Blake v. . FerrisNew York Court of Appeals · 1851
- Sandifer v. LynnMissouri Court of Appeals · 1893