Tracey v. Reid
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Daniel Reid, from a judgment of the Supreme Court in favor of the plaintiff, ,entered in the office of the clerk of the county of Kings on the 15th day of December, 1904, upon the -verdict of a jury, and also from an order entered in said clerk’s office on the 9th day of January, 1905, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Miller, J.:
The plaintifE has recovered a judgment for personal injuries alleged to have been inflicted upon her in the commission of an assault by one of the appellant’s servants. The action was brought against the appellant and one Lyman Gr. Bloomingdale, and it appeared that the appellant, a piano mover, was employed by the • defendant Bloomingdale to move a piano from the premises where the plaintifE lived; that he sent two of his' employees to the place for the purpose, and the plaintiff claims that while there one of them assaulted her. She is corroborated as to the assault by a little…
2Cases cited2 opinions
- Sherman v. . D., L. W.R.R. Co.New York Court of Appeals · 1887
- Gearty v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1905