Sanford v. Standard Oil Co. of New York
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme-Court in the second judicial department, entered upon an order made May 9, 1887, which affirmed a judgment in favor of plaintiff entered upon a verdict. This action was brought by the plaintiff to recover damages for personal injury alleged to have been received by him through the negligence of one Gebhard, a servant of the defendant.
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Appeal from judgment of the General Term of the Supreme-Court in the second judicial department, entered upon an order made May 9, 1887, which affirmed a judgment in favor of plaintiff entered upon a verdict. This action was brought by the plaintiff to recover damages for personal injury alleged to have been received by him through the negligence of one Gebhard, a servant of the defendant. The plaintiff was an employe of a firm of stevedores, Dick & Churchill, who had engaged with the master of the ship “ Austria ” to load it with barrels of petroleum which were in the store-house and upon…
1Opinion of the CourtPotter, J.
I entirely agree with the charge of the trial court that they were servants of different masters.. That the man who gave the signal was the servant of the stevedores Dick & Churchill, and that the man who directed the hoisting and lowering was the servant of the defendant, and that, therefore, upon well-settled principles of law, the defendant is liable for the neglect of Gebhard, the man at the drum.
The authorities cited upon the brief of counsel warrant the instruction of the judge to the jury in that regard, and especially the case cited by respondent’s counsel and to be found in Sullivan…
2Cases cited1 opinion
- Sullivan v. . Tioga R.R. Co.New York Court of Appeals · 1889
3Cited by23 opinions
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- Winona Technical Institute v. StolteIndiana Supreme Court · 1909
- Cannon v. FargoAppellate Division of the Supreme Court of the State of New York · 1910
- Kastl v. Wabash RailroadMichigan Supreme Court · 1897
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