McCormack v. Nassau Electric Railroad
Appellate Division of the Supreme Court of the State of New York
Motion by the defendant, the Nassau Electric Railroad Company, for a reargument of an appeal by it 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 23d day of November, 1896, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 23d day of December, 1896, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Per Curiam :
No question is presented on the argument of this motion that was not considered by the court in originally disposing of the appeal. It is unquestionable that the deceased and the driver of the ice wagon were fellow-servants in the employ of the ice company.. We did not -discuss the proposition that the mere fact that the deceased and the driver were fellow-servants of a common master made the negligence of the driver attributable to the deceased, for we did not understand that such a point was seriously raised. The proposition can rest on no. sound principle,, but it is Useless…
2Cases cited3 opinions
- Cone v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1880
- Seaman v. . KoehlerNew York Court of Appeals · 1890
- Galvin v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1889
3Cited by5 opinions
- Connell v. HaydenAppellate Division of the Supreme Court of the State of New York · 1981
- Geary v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Hobson v. New York Condensed Milk Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Mosson v. Liberty Fast Freight Co.Court of Appeals for the Second Circuit · 1942
- Stone v. GoldbergAlabama Court of Appeals · 1912