Quinn v. . Power
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, made February 5,1880, which affirmed a judgment in favor of defendant, entered upon a verdict directed by the court. This action was brought to recover damages for alleged negligence in causing the death of John Fahey, plaintiff’s intestate.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, made February 5,1880, which affirmed a judgment in favor of defendant, entered upon a verdict directed by the court. This action was brought to recover damages for alleged negligence in causing the death of John Fahey, plaintiff’s intestate. The defendant was the lessee of a ferry between the city of Hudson and the village of Athens, on the Hudson river, and was the owner of a ferry boat plying between said places. In June, 1874, the pilot in charge of said ferry boat, as it was about starting on…
1Opinion of the CourtFinch, J.
The dispute here is over the application of ageneral rule to a particular transaction, neither party questioning the rale, but each following it to a result favorable to himself, and fatal to his adversary. That the master is liable for the negligence or misfeasance of the servant while the latter is acting in the master’s business, and within the scope of the servant’s employment is not disputed. (Rounds v. Del., L. & West. R. R. Co., 64 N. Y. 129; Cosgrove v. Ogden, 49 id. 255; Ochsenbein v. Shapley, 85 id. 214.) Nor is it denied that such liability exists notwithstanding the fact that the…
2Cases cited1 opinion
- Rounds v. . Del., Lack. West. R.R. Co.New York Court of Appeals · 1876
3Cited by54 opinions
- Barmore v. Vicksburg, Shreveport & Pacific Railway Co.Mississippi Supreme Court · 1904
- Riley v. . Standard Oil Co.New York Court of Appeals · 1921
- Brinkman v. ZuckermanMichigan Supreme Court · 1916
- Jones v. WeigandAppellate Division of the Supreme Court of the State of New York · 1909
- Tyler v. Stephan's AdministratrixCourt of Appeals of Kentucky · 1915
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