Dowler v. . Johnson
New York Court of Appeals
Appeal from a - judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 13, 1916, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. Defendant was in law liable under the rule of respondeat superior. (Maxmilian v. Mayor, 62 N. Y. 160; People ex rel. Croker v. Sturgis, 91 App.
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Appeal from a - judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 13, 1916, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. Defendant was in law liable under the rule of respondeat superior. (Maxmilian v. Mayor, 62 N. Y. 160; People ex rel. Croker v. Sturgis, 91 App. Div. 286; People ex rel. Clifford v. Scannel, 74 App. Div. 406; 173 N. Y. 606; People ex rel. Hart v. Fire Comrs., 82 N.…
1Opinion of the CourtCardozo, J.
The defendant in 1913 was the fire commissioner of the city of New York. On March 20 of that year, he left fire headquarters in one of the department’s automobiles to inspect some new fire houses in Brooklyn. The automobile was driven by a fireman assigned to that duty by the commissioner upon the recommendation of the fire chief. While so driven, it collided with another automobile, and the plaintiff was injured. The complaint charges that at the time of the collision the automobile carrying the defendant was driven under his orders, and that it was driven negligently and at excessive speed.…
2Cases cited4 opinions
- Robertson v. SichelSupreme Court of the United States · 1888
- Cardot v. . BarneyNew York Court of Appeals · 1875
- De Carvalho v. . BrunnerNew York Court of Appeals · 1918
- Ely v. ParsonsSupreme Court of Connecticut · 1886
3Cited by34 opinions
- Melvin Carter v. John R. CarlsonCourt of Appeals for the D.C. Circuit · 1971
- Grant v. KnepperNew York Court of Appeals · 1927
- Commonwealth ex rel. Orris v. RobertsSupreme Court of Pennsylvania · 1958
- Slaughter v. HolsombackMississippi Supreme Court · 1933
- Nadeau v. MelinSupreme Court of Minnesota · 1961
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