Keep v. Walsh
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Niagara county. Action by Charles H. Keep and others against Maurice G. Walsh and others. From a judgment against plaintiffs for costs of the action, entered on a verdict in favor of defendants, and from an order denying a motion for new trial, made on the minutes, plaintiffs appeal. Keversed.
1Opinion of the CourtGreen, J.
The learned trial justice charged the jury that, in addition to proving damage, and the negligence of defendants’ servant in causing same, “the plaintiffs must establish more than those facts in order to justify you in reaching a conclusion adverse to the defendants. It must appear that the servant was acting under the instructions of the defendants, or that he was acting independent of any direction previously given, but that the acts of the servant became known to the defendants and were approved during the time that he was engaged in the service, and before he attempted to return the truck…
2Cases cited5 opinions
- Cosgrove v. . OgdenNew York Court of Appeals · 1872
- Pittsburgh, Cincinnati & St. Louis Railway Co. v. KirkIndiana Supreme Court · 1885
- Walker v. JohnsonSupreme Court of Minnesota · 1881
- Wellman v. MinerAppellate Terms of the Supreme Court of New York · 1897
- Atchison, Topeka & Santa Fé Railroad v. RandallSupreme Court of Kansas · 1888
3Cited by2 opinions
- Thyssen ex rel. Thyssen v. Davenport Ice & Cold Storage Co.Supreme Court of Iowa · 1907
- Dumontier v. Stetson & Post Mill Co.Washington Supreme Court · 1905