Cardot v. . Barney
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fourth judicial department, setting aside a verdict and granting a new trial. This action was brought to recover damages for the alleged negligent killing of plaintiff’s testator, August Cardot. It appeared that defendant was appointed assignee in bankruptcy of the Buffalo, Corry and Pittsburg Railroad Company.
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Appeal from order of the General Term of the Supreme Court in the fourth judicial department, setting aside a verdict and granting a new trial. This action was brought to recover damages for the alleged negligent killing of plaintiff’s testator, August Cardot. It appeared that defendant was appointed assignee in bankruptcy of the Buffalo, Corry and Pittsburg Railroad Company. He was also, by order of the court, appointed special receiver of the estate, franchises, and effects of the corporation, with authority “to employ such assistants, operatives, mechanics, laborers and firemen, as he may…
1Opinion of the CourtAllen, J.
The defendant is sought to be made liable for the acts and neglects of another, upon the doctrine of respondeat superior.
The action can only be maintained by reason of the relation of master and servant between the defendant and the superintendent of the road; and, if that relation existed, it resulted solely from the fact that the defendant had, as receiver and assignee in bankruptcy of the property and franchises of the bankrupt corporation, the management and operation of the railroad, the employment of the necessary servants and agents, with the power to dismiss and change them as he…
2Cases cited4 opinions
- Ferrin v. . MyrickNew York Court of Appeals · 1869
- Blumenthal v. BrainerdSupreme Court of Vermont · 1866
- Lamphear v. BuckinghamSupreme Court of Connecticut · 1866
- Paige v. SmithMassachusetts Supreme Judicial Court · 1868
3Cited by26 opinions
- New York Central Railroad Company v. WhiteSupreme Court of the United States · 1916
- Solvuca v. Ryan & Reilly Co.Court of Appeals of Maryland · 1917
- Copeland v. SalomonNew York Court of Appeals · 1982
- Dowler v. . JohnsonNew York Court of Appeals · 1918
- Kain v. . SmithNew York Court of Appeals · 1880
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