City of Buffalo v. . Holloway
New York Court of Appeals
Appeal from the general term of the Supreme Court, in the eighth district, where a judgment for the plaintiff, upon demurrer to the complaint, had been reversed, and a judgment rendered for the defendant.
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Appeal from the general term of the Supreme Court, in the eighth district, where a judgment for the plaintiff, upon demurrer to the complaint, had been reversed, and a judgment rendered for the defendant. (Reported below, 14 Barb. 101.) The complaint set forth that, in 1849, the common council of the city of Buffalo, in pursuance of authority conferred by law, resolved that a sewer be constructed in Elk street, in said city, from the Clark and Skinner canal to the Canal slip near Louisiana street; and the street commissioner of said city was, by such resolution, directed to contract with the…
1Opinion of the Court
* Jewett, J.-
I consider it to be a well-settled I ^ 49b rule of law, at this day, notwithstanding there are some cases to the contrary, that the liability to make compensation for an injury arising from the negligent act of another, attaches only on the person doing the act, or on the person employing him. The liability of any one other than the party actually guilty of any wrongful act, proceeds on the maxim that he who does an act through the medium of another is in law considered as doing it himself — quifacit per alium facit per se.
The party employing hats the selection of the agent…
2Cases cited4 opinions
- Robbins v. Chicago CitySupreme Court of the United States · 1867
- Blake v. . FerrisNew York Court of Appeals · 1851
- City of Rochester v. . MontgomeryNew York Court of Appeals · 1878
- Mayor of Troy v. Troy & Lansingburgh RailroadNew York Supreme Court · 1870
3Cited by29 opinions
- Louisville & Nashville Railroad v. Marbury Lumber Co.Supreme Court of Alabama · 1899
- City of Anderson v. FlemingIndiana Supreme Court · 1903
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. LightheiserIndiana Supreme Court · 1904
- Caywood v. Supreme Lodge, Knights & LadiesIndiana Supreme Court · 1908
- Chicago & Erie Railroad v. LainIndiana Supreme Court · 1908
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