Kellogg v. Church Charity Foundation of Long Island
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Church Charity Foundation of Long Island, from a judgment of the Supreme Court in favor of tile plaintiff, entered in the office of the cleric of the county of Kings on the 4th day of May, 1909, upon the verdict of a jury for $30,000, and also from an order entered in said clerk’s office on the 6th day of May, 1909, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Thomas, J.:
The question whether the driver was the defendant’s servant was necessarily decided upon the former appeal (128 App. Div. 214), but if it was decided erroneously the error should be corrected at this time. I think that it was decided correctly. When the driver started on the errand, in the course off which the accident happened, lie was invested with the apparent character of the defendant’s servant. The ambulance driven was labeled “St. John’s Hospital;” the driver wore a cap owned and furnished by the hospital, on which the words “ St. John’s Hospital ” appeared. Such were the…
2Cases cited1 opinion
- Kellogg v. Church Charity FoundationAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by5 opinions
- Kellogg v. Church Charity Foundation of Long IslandNew York Court of Appeals · 1911
- In re the Estate of LathersNew York Surrogate's Court · 1930
- Emerson v. ParkCourt of Appeals of Texas · 1935
- Lee v. Cranford Co.Appellate Division of the Supreme Court of the State of New York · 1918
- Friedman v. James F. Scholes Co.Appellate Division of the Supreme Court of the State of New York · 1910