Legal Opinion

Rettig v. John E. Moore Co.

Appellate Terms of the Supreme Court of New York

Decided June 15, 1915PublishedCited by 4 opinions

Appeal by defendant from an order of the City Court of the city of New York setting aside a verdict on the ground that it is impossible to determine what the jury's finding is.

1Opinion of the CourtBijur, J.

Defendant was sued for an alleged assault committed by one of its employees, Captain Sweeney, upon the plaintiff, the assault having taken place upon government property at Ellis Island, the defendant being the owner of a boat of which Sweeney was captain.

The learned judge below submitted to the jury as one of the vital if not the most important question in the case, whether Captain Sweeney was acting within the scope of his authority under his employment by the defendant. The verdict of the jury, as recited by the foreman, was: “We find in favor of the defendant, and we also request that…

2Cases cited2 opinions

  1. Brigg v. . HiltonNew York Court of Appeals · 1885
  2. Conrey v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902

3Cited by4 opinions

  1. New Jersey v. New YorkSupreme Court of the United States · 1998
  2. Terry Collins v. Promark Products, Inc., Defendant-Third-Party United States of America, Third-PartyCourt of Appeals for the Second Circuit · 1992
  3. New Jersey v. New YorkSupreme Court of the United States · 1998
  4. New Jersey v. New YorkSupreme Court of the United States · 1998

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