Weaver v. Jackson
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, James Weaver, from a judgment of the Supreme Court in favor of the defendants, entered in the' office of the clerk of the county of New York on the 29th day of November, 1911, upon the dismissal of the complaint by direction of the court at the close of plaintiff’s case on a trial at the New York Trial Term.
1Opinion of the Court
Scott, J.:
Appeal by plaintiff from a judgment entered upon a dismissal of the complaint at Trial Term.
The action is for damages for injuries caused, as it is said, by the negligence of one Wolf, the driver of a truck belonging to defendants, and who was, as plaintiff contends, the agent and servant of defendants.
That there was sufficient evidence of Wolf’s negligence to take the case to the jury does not appear to be questioned by the respondents. They claim, however, and the trial court so held, that at the time of the accident the said Wolf was the servant of, and in the employ of, the firm…
2Cases cited3 opinions
- Maxmilian v. . MayorNew York Court of Appeals · 1875
- Kellogg v. Church Charity Foundation of Long IslandNew York Court of Appeals · 1911
- Howard v. . LudwigNew York Court of Appeals · 1902
3Cited by10 opinions
- Babbitt v. SayOhio Supreme Court · 1929
- Cannon v. . FargoNew York Court of Appeals · 1918
- Schmedes v. DeffaaAppellate Division of the Supreme Court of the State of New York · 1912
- Vasligato v. Yellow Pine Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Bosco v. Boston StoreAppellate Court of Illinois · 1923
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