Rounds v. Delaware, Lackawanna & Western Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, in favor of plaintiff, entered upon an order denying a motion for a new trial and directing judgment on a verdict. (Reported below, 3 Hun, 329 ; 5 T. & C., 475.) This action was brought to recover damages for injuries sustained by plaintiff in consequence of being kicked off of one of defendant’s baggage cars by the baggageman.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, in favor of plaintiff, entered upon an order denying a motion for a new trial and directing judgment on a verdict. (Reported below, 3 Hun, 329 ; 5 T. & C., 475.) This action was brought to recover damages for injuries sustained by plaintiff in consequence of being kicked off of one of defendant’s baggage cars by the baggageman. The transaction resulting in the injury occurred at Norwich, May 3, 1872. The defendant operated a broad-gauge railroad from Binghamton to Norwich and a narrow-gauge road…
1Opinion of the CourtAndrews, J.
There is, at this time, but little conflict of judicial opinion in respect to the general rule by which the liability of a master for the misconduct of his servant, resulting in injury to third persons, is to be tested and ascertained. In Higgins v. The Watervliet Turnpike Company (46 N. Y., 23) this subject was considered by this court, and the rule was declared to be, that the master was responsible civiliter for the wrongful act of the servant causing injury to a third person, whether the act was one of negligence or positive misfeasance, provided the servant was at the time acting for the…
2Cases cited5 opinions
- Wright v. J. & S. WilcoxNew York Supreme Court · 1838
- Higgins v. Watervliet Turnpike & RailroadNew York Court of Appeals · 1871
- Mali v. . LordNew York Court of Appeals · 1868
- Sanford v. . Eighth Avenue Railroad CompanyNew York Court of Appeals · 1861
- Jackson v. . Second Avenue R.R. Co.New York Court of Appeals · 1872
3Cited by51 opinions
- Riviello v. WaldronNew York Court of Appeals · 1979
- New Jersey Steamboat Co. v. BrockettSupreme Court of the United States · 1887
- Barmore v. Vicksburg, Shreveport & Pacific Railway Co.Mississippi Supreme Court · 1904
- O'Boyle v. Avis Rent-A-Car System, Inc.Appellate Division of the Supreme Court of the State of New York · 1981
- Deans v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1890
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