Miller v. North Hudson Contracting Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, North Hudson Contracting Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Albany on the 13th day of July, 1914, upon the verdict of a jury for $1,000, and also from an order entered in said clerk’s office on the 30th day of July, 1914, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Howard, J.:
The defendant hired teams for its work from one Brockley. Brockley not having teams enough of his own to supply the defendant, hired a team from Gates. The plaintiff was the driver of Gates’ team. While working on the defendant’s job and driving Gates’ team the plaintiff was injured, so he alleges, by reason of the defendant’s negligence. At the time of the accident the movements of the plaintiff were being directed by the defendant’s foreman, who had exclusive control and authority over the plaintiff while he remained on the job. We shall not review the merits of the case, for we…
2Cases cited3 opinions
- Standard Oil Co. v. AndersonSupreme Court of the United States · 1909
- Wyllie v. . PalmerNew York Court of Appeals · 1893
- Coughlan v. City of CambridgeMassachusetts Supreme Judicial Court · 1896
3Cited by13 opinions
- Malisfski v. Indemnity Ins. Co. of North AmericaCourt of Appeals for the Fourth Circuit · 1943
- United States Fidelity & Guaranty Co. v. StapletonCourt of Appeals of Georgia · 1928
- Oklahoma General Power Co. v. State Industrial Com.Supreme Court of Oklahoma · 1925
- Norfolk & W. Ry. Co. v. HallCourt of Appeals for the Fourth Circuit · 1932
- Stapleton v. ButenskyAppellate Division of the Supreme Court of the State of New York · 1919
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