Pangburn v. . Buick Motor Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial, department, entered July 5, 1912, affirming a judgment in favor of plaintiff entered upon a verdict. Also appeal from an order of said Appellate Division, entered November 22, 1912, which affirmed an order of Special Term denying a motion to correct the judgment. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial, department, entered July 5, 1912, affirming a judgment in favor of plaintiff entered upon a verdict. Also appeal from an order of said Appellate Division, entered November 22, 1912, which affirmed an order of Special Term denying a motion to correct the judgment. The nature of the action and the facts, so far as material, are stated in the opinion. The verdict of no cause of action against defendant Grounsell determined the entire issue in favor of appellant. (Lykins v. Himrick, 144 Ky. 80; Patterson…
1Opinion of the CourtHiscock, J.
This action was brought jointly against the appellant and one Grounsell to recover damages for personal injuries resulting from a collision with an automobile due, as alleged, to negligent operation of the latter.
The appellant was the owner of the car and Grounsell, who was driving the same at the time of the accident, was its employee.. If there was any negligence in the operation of the car it was that of Grounsell, and the only possible theory of liability on the part of the appellant was that it was responsible for his negligence because he was its employee and engaged in its business. If…
2Cases cited10 opinions
- Doremus v. RootWashington Supreme Court · 1901
- Hayes v. Chicago Telephone Co.Illinois Supreme Court · 1905
- Farleigh v. . CadmanNew York Court of Appeals · 1899
- Hecla Powder Co. v. . Sigua Iron Co.New York Court of Appeals · 1899
- Whalen v. . StuartNew York Court of Appeals · 1909
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3Cited by65 opinions
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