Gaetjens v. City of New York
Appellate Division of the Supreme Court of the State of New York
Keargtjment of .cross-appeals by the plaintiff, Edmund F. Gaetjens, an infant, etc., and by the defendants, The City of New York and the Flatbush Gas Company, from a judgment of the Supreme Court, entered in the office of the clerk of the county of Kings on the loth day of October, 1906, upon the verdict of a jury, and also from respective orders entered in said clerk’s office on the 22d day of October, 1906, denying respectively motions made by the plaintiff and by the said…
Read the full summary
Keargtjment of .cross-appeals by the plaintiff, Edmund F. Gaetjens, an infant, etc., and by the defendants, The City of New York and the Flatbush Gas Company, from a judgment of the Supreme Court, entered in the office of the clerk of the county of Kings on the loth day of October, 1906, upon the verdict of a jury, and also from respective orders entered in said clerk’s office on the 22d day of October, 1906, denying respectively motions made by the plaintiff and by the said defendants for a new trial on the minutes. (See Gaetyens v. City of New Yorl&, 129 App. Div. 919.)
1Opinion of the Court
Gaynor, J.:
I suppose it to be indisputable. that the city is not liable for the tortious acts or neglects of its departments of police, fire, education or charity, or of any official or employe thereof. These departments are not agencies of the city, but public agencies, i. e., they are created by law for the discharge of governmental, i. e., state duties, and not city duties or business'; and therefore the rule respondeat siíperior does not apply to the city in respect of them ( Wilcox v. *396City of Rochester, 190 N. Y. 137). I have heretofore had to consider this same question (Peaty v. City…
2Cases cited2 opinions
- Wilcox v. . City of RochesterNew York Court of Appeals · 1907
- Peaty v. City of New YorkNew York Supreme Court · 1900
3Cited by8 opinions
- Rollow v. Ogden CityUtah Supreme Court · 1926
- Jaked v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1921
- Hughes v. StateAppellate Division of the Supreme Court of the State of New York · 1937
- District of Columbia v. MayCourt of Appeals for the D.C. Circuit · 1933
- Snyder v. City of BinghamtonNew York Supreme Court · 1930
3 more not listed; retrieve them via the Exa API.