Anthony v. . Leeret
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made January 29, 1885, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for personal injuries alleged to have been caused by defendants’ negligence. The material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made January 29, 1885, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for personal injuries alleged to have been caused by defendants’ negligence. The material facts are stated in the opinion. The immediate and sole cause of the plaintiff’s injuries being the careless, unauthorized and negligent act of a co-servant, engaged in the same gen-' eral employment, plaintiff cannot recover. (Faulkner v. Erie R.…
1Opinion of the CourtAndrews, J.
The plaintiff, by the lamentable accident which is the-subject of this action, has sustained a most severe and probably permanent injury. The question which we are to determine respects the liability of the defendants, on whose premises it .happened, and between whom and the plaintiff existed at the time the relation of master and servant. The basis of the claim to charge the defendants with the consequences of the accident is negligence. The jury have found upon this issue in favor of the plaintiff. We are called upon to determine whether the evidence supports a recovery and justifies the…
2Cases cited1 opinion
- Gibson v. . Erie Railway Co.New York Court of Appeals · 1875
3Cited by18 opinions
- Burdett v. BurdettSupreme Court of Oklahoma · 1910
- Reilly v. NicollWest Virginia Supreme Court · 1913
- Junior v. Missouri Electric Light & Power Co.Supreme Court of Missouri · 1895
- Waxham v. FinkNebraska Supreme Court · 1910
- Freeman v. Glens Falls Paper-Mill Co.New York Supreme Court · 1893
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