Phelon v. Stiles
Supreme Court of Connecticut
Actions of trespass on the case, for injuries from the negligent acts of the servant of the defendant; brought to the Superior Court in Hartford County. The two cases involved the same facts and were tried together. The court made the following finding of facts: On the first day of November, 1872, Stiles was, and had for a long time been, engaged in selling flour and feed in Suffield.
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Actions of trespass on the case, for injuries from the negligent acts of the servant of the defendant; brought to the Superior Court in Hartford County. The two cases involved the same facts and were tried together. The court made the following finding of facts: On the first day of November, 1872, Stiles was, and had for a long time been, engaged in selling flour and feed in Suffield. He then had, and for more than a year before had had, in his employ one George H. Babcock, whose principal employment was to deliver the goods so sold by Stiles to his customers. On that day, in the afternoon,…
1Opinion of the Court
Park, O. J.
The same principles of law apply to both of these cases, and therefore they will be considered together.
The defendant claims that the court below has not found that Babcock was the servant of the defendant. We think there is no foundation for this claim. We construe the phrase, “ had in his employ one George H. Babcock,” as meaning that Babcock was in the employ of the defendant as a hired servant.
*433The principal question in the case is, whether Babcock in depositing the bags of bran intended for Mr. Smith by the side of the highway, and leaving them there until his return from Mr.…
2Cited by9 opinions
- Ritchie v. WallerSupreme Court of Connecticut · 1893
- George v. Carstens Packing Co.Washington Supreme Court · 1916
- Oakland City Agricultural & Industrial Society v. BinghamIndiana Court of Appeals · 1892
- Sagers v. NuckollsColorado Court of Appeals · 1893
- McCann v. Consolidated Traction Co.Supreme Court of New Jersey · 1896
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