Kellogg v. Church Charity Foundation of Long Island
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Church Charity Foundation of Long Island, from a judgment of the Supreme Court in favor of tile plaintiff, entered in the office of the cleric of the county of Kings on the 4th day of May, 1909, upon the verdict of a jury for $30,000, and also from an order entered in said clerk’s office on the 6th day of May, 1909, denying the defendant’s motion for a new trial made upon the minutes.
1Dissent
Rich, J. (dissenting):
I dissent. The crucial question presented upon this appeal is whether the trial court erred in denying the defendant’s motion to dismiss the complaint, made at the close of the evidence, upon the ground that the plaintiff had' failed to establish that the driver of the ambulance was the servant of the defendant at the time of the accident, and in submitting that question to the jury over defendant’s objection and exception.
The defendant is a charitable corporation, maintaining a hospital in Brooklyn, at which it receives, treats and gives surgical attention to patients…
2Cases cited10 opinions
- Little v. HackettSupreme Court of the United States · 1886
- Driscoll v. TowleMassachusetts Supreme Judicial Court · 1902
- Lewis v. . Long Island Railroad Co.New York Court of Appeals · 1900
- Stewart v. California Improvement Co.California Supreme Court · 1900
- Kellogg v. Church Charity FoundationAppellate Division of the Supreme Court of the State of New York · 1908
5 more not listed; retrieve them via the Exa API.