Charles v. . Barrett
New York Court of Appeals
Appeal from a judgment, entered June 7, 1921, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. The driver of the truck was the servant- of the defendant at the time of the accident. (Braxton v. Mendelson, 190 App.
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Appeal from a judgment, entered June 7, 1921, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. The driver of the truck was the servant- of the defendant at the time of the accident. (Braxton v. Mendelson, 190 App. Div. 278; Hartel v. Simonson, 218 N. Y. 345; Schmedes v. Deffaa, 214 N. Y. 675; Standard Oil Co. v. Anderson, 212 U. S. 215; Howard v. Ludwig, 171 N. Y. 507.) The evidence conclusively shows that the driver of the truck at the…
1Opinion of the CourtCardozo, J.
One Steinhauser was in the trucking business. He supplied the Adams Express Company, the defendant, with a motor van and a chauffeur at the rate of $2 an hour. The defendant did the work of loading at its. station and unloading at the railroad terminal. It sealed the van at the point of departure and unsealed at the point of destination. Between departure and destination, the truck remained without interference or supervision in charge of the chauffeur. While so engaged, it struck • and killed the plaintiff’s son. Negligence is not disputed. The question'is whether the' defendant shall answer…
2Cases cited4 opinions
- Driscoll v. TowleMassachusetts Supreme Judicial Court · 1902
- McNamara v. . LeipzigNew York Court of Appeals · 1919
- Hartell v. T. H. Simonson & Son Co.New York Court of Appeals · 1916
- Claim of Schweitzer v. Thompson & Norris Co. of New JerseyNew York Court of Appeals · 1920
3Cited by78 opinions
- Thompson v. Grumman Aerospace Corp.New York Court of Appeals · 1991
- Benoit v. Hunt Tool Co.Supreme Court of Louisiana · 1951
- Matter of Glielmi v. Netherland Dairy Co.New York Court of Appeals · 1930
- Irwin v. KleinNew York Court of Appeals · 1936
- Nepstad v. LambertSupreme Court of Minnesota · 1951
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