O'Loughlin v. Mackey
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Ann Kelly, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 22d day of November, 1917, upon the verdict of a jury for $775, and also from an order entered in said clerk’s office on the 12th day of December, .1917, denying appellant’s motion for a new trial made upon the minutes. The court dismissed the complaint as to the defendant Edward F. Kelly.
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Appeal by the defendant, Ann Kelly, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 22d day of November, 1917, upon the verdict of a jury for $775, and also from an order entered in said clerk’s office on the 12th day of December, .1917, denying appellant’s motion for a new trial made upon the minutes. The court dismissed the complaint as to the defendant Edward F. Kelly. Plaintiff sued for injuries from an automobile which struck him while he was standing on the sidewalk at the corner of Washington and Watt…
1Opinion of the Court
Putnam, J.:
Mackey was never employed by defendant Kelly to drive a motor car. He was not a licensed chauffeur. He had, however, previously driven a Ford car, but it did not appear how often he had done so. Appellant did not own this car. She did not furnish it to Mackey. She did not authorize him to run it, or even know it was being used by Mackey.
Where a servant is engaged in pursuing or carrying through something within the scope of his employment, and while so engaged adopts means reasonably directed to the end, *639which result in injury to another, the master is answerable for the…
2Cases cited1 opinion
- Driscoll v. ScanlonMassachusetts Supreme Judicial Court · 1896
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