Diamond v. Sternberg Motor Truck Co.
Appellate Terms of the Supreme Court of New York
Appeal by defendant from a judgment of the Municipal Court of the city of New York, borough of Bronx, second district, after a trial by a judge without a jury.
1Opinion of the CourtBijur, J.
Plaintiff sued for personal injuries caused by an automobile truck. The evidence shows, with*306out contradiction, that the truck was owned hy the defendant, and that the wages of the chauffeur were paid by the defendant; that the truck, however, was rented out to another concern, the Turner Company, which was engaged in snow removal; that the chauffeur took his instructions from that company, and that, in point of fact, although his wages were, under the agreement, to be paid by the defendant, he, personally, had been hired for this job by the Turner Company. Under the circumstances, if there is…
2Cases cited2 opinions
- Hanatsek v. WilsonAppellate Division of the Supreme Court of the State of New York · 1914
- Di Salvo v. M. Larkin & Son, Inc.Appellate Terms of the Supreme Court of New York · 1913
3Cited by2 opinions
- Devaney v. Lawler Corp.Montana Supreme Court · 1936
- City of Tulsa v. RandallSupreme Court of Oklahoma · 1935