Craven v. . Bloomingdale
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 20, 1900, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial.' The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 20, 1900, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial.' The nature of the action and the facts, so far as material, are stated in the opinion. Defendant’s driver had no authority, express or implied, to cause the arrest of the plaintiff and the defendant is .not responsible for his acts in that behalf. (Allen v. L. & S. W. Ry. Co., L. R. [6 Q. B.] 65; Mulligan v. N. Y. & R. B. R. R. Co., 129 N. Y. 506;…
1Opinion of the CourtBartlett, J.
We are of opinion that the learned trial judge failed to instruct the jury properly as to the law of punitive or vindictive damages.
A brief statement of the facts is necessary in order to present the legal question iuvol ved. The defendant is the proprietor of a department store in the city of 27ew York, under the firm name of Bloomingdale Brothers. In the conduct of the business a large number of wagons, owned by defendant, are used in delivering goods purchased. The driver of the wagon involved in this action to recover damages for false, imprisonment was employed under a written contract…
2Cases cited30 opinions
- Lake Shore & Michigan Southern Railway Co. v. PrenticeSupreme Court of the United States · 1893
- Barry v. EdmundsSupreme Court of the United States · 1886
- Missouri Pacific Railway Co. v. HumesSupreme Court of the United States · 1885
- Milwaukee & St. Paul Railway Co. v. ArmsSupreme Court of the United States · 1876
- Kennon v. GilmerSupreme Court of the United States · 1889
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3Cited by32 opinions
- Loughry v. Lincoln First Bank, N. A.New York Court of Appeals · 1986
- De Wolf v. . FordNew York Court of Appeals · 1908
- Samuel Tito Williams v. The City of New YorkCourt of Appeals for the Second Circuit · 1974
- McLoughlin v. New York Edison Co.New York Court of Appeals · 1929
- Magar v. . HammondNew York Court of Appeals · 1906
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