Ostrander v. Armour & Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Armour & Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Dutchess on the 19th day of February, 1916, upon the verdict of a jury for $1,500, and also from an order entered in said clerk’s office on the 31st day of January, 1916, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Thomas, J.:
Defendant’s servants, with the knowledge and acquiescence of the person in immediate superintendence, from time to time used, for articles purchased by them, the refrigerator *153in Poughkeepsie where defendant dealt in meats, and on the day in question Love, an employee, took from the refrigerator a barrel' of apples that had been there several months, and asked Kipp, the chauffeur of a truck that had been put up at the end of its work for the day, to carry it to Love’s house. Kipp did so, and coming out of Love’s house found several children playing about .and on the truck. He told…
2Cited by13 opinions
- Morris v. PeytonSupreme Court of Virginia · 1927
- Williams v. CohnSupreme Court of Iowa · 1926
- Whitelock v. DennisCourt of Appeals of Maryland · 1921
- Williams v. JordanTennessee Supreme Court · 1961
- White v. Edwards Chevrolet Co.Supreme Court of Virginia · 1947
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