Burdo v. Metropolitan Life Insurance
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtHill, P. J.
Plaintiff’s intestate came to her death from accidental injuries received when, she was struck at a street crossing by an automobile driven by Joseph Mulchy, defendant’s assistant manager at Saratoga Springs. A jury has found that Mulchy drove the car in a negligent and careless manner, and thereby caused the death. The evidence sustains that finding. As to this the court is in accord. *27Our divergent views are epitomized in a sentence from the dissenting opinion: “ There would probably be little debate over the liability of the defendant, if the assistant manager Mulchy were the 1 servant ’ of…
2Cases cited7 opinions
- Hexamer v. . WebbNew York Court of Appeals · 1886
- Gibbs v. R. H. Macy & Co.Appellate Division of the Supreme Court of the State of New York · 1925
- Matter of Gibbs v. R.H. MacY Co., Inc.New York Court of Appeals · 1926
- Matter of Theyken v. Diplomat Products Inc.New York Court of Appeals · 1935
- Brown v. Steamship Terminal Operating Corp.New York Court of Appeals · 1935
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3Cited by10 opinions
- Chatelain v. ThackerayUtah Supreme Court · 1940
- Rappaport v. International Playtex Corp.Appellate Division of the Supreme Court of the State of New York · 1974
- Shauntz v. Schwegler Bros.Appellate Division of the Supreme Court of the State of New York · 1940
- Murphy v. United StatesDistrict Court, W.D. New York · 1953
- Nero v. Ris Paper Co.Appellate Division of the Supreme Court of the State of New York · 1978
5 more not listed; retrieve them via the Exa API.