Phelps v. . Wait
New York Court of Appeals
Appeal from a judgment of the Supreme Court, entered upon the report of referees, in favor of the plaintiff, for three hundred and seventy-five dollars. The action was brought against father and son, standing in the relation of master and servant, to recover damages for personal injuries caused by the negligence of the son, while driving, the horses of his father.
1Opinion of the CourtHogeboom, J.
This action is brought to recover damages for personal injuries sustained by reason of negligence on the part of the defendants. The plaintiff was crossing a street in the village of Waterford. The defendant, Nathan-Wait, was driving a pair of horses attached to a wagon, which came in collision with the plaintiff, prostrated him and passed over his body. The horses and wagon belonged to the defendant, William Wait, in whose employment, and whose son the other defendant was. Three questions are made in the case:
1. Was the defendant Nathan guilty of negligence?
2. Was the plaintiff also guilty…
2Cases cited3 opinions
- Johnson v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1859
- Wright v. J. & S. WilcoxNew York Supreme Court · 1838
- Steves v. . Oswego and Syracuse Railroad Company.New York Court of Appeals · 1858
3Cited by46 opinions
- Gussie Fox v. Dallas Hotel Co.Texas Supreme Court · 1922
- Green v. . DaviesNew York Court of Appeals · 1905
- Harriman v. StoweSupreme Court of Missouri · 1874
- Warax v. Cincinnati, N. O. & T. P. Ry. Co.U.S. Circuit Court for the District of Kentucky · 1896
- Louisville & Nashville R. R. v. AbernathySupreme Court of Alabama · 1916
41 more not listed; retrieve them via the Exa API.