Wright v. J. & S. Wilcox
New York Supreme Court
This was an action on the case, tried at the Cayuga circuit in October, 1836, before the Hon. Daniel Moseley, one of the circuit judges. The suit was brought for an injury sustained by the son of the plaintiff, who was a minor, in being run over by a wagon driven by S. Wilcox, the son of J. Wilcox, whilst in the employment of the father.
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This was an action on the case, tried at the Cayuga circuit in October, 1836, before the Hon. Daniel Moseley, one of the circuit judges. The suit was brought for an injury sustained by the son of the plaintiff, who was a minor, in being run over by a wagon driven by S. Wilcox, the son of J. Wilcox, whilst in the employment of the father. The plaintiff’s son was a.very young lad, and on his way to school asked S. Wilcox to permit him to ride; who answered that he might do so, when he got up a hill which he was then ascending. When the hill was ascended, the lad took hold of the side of the…
1Opinion of the Court
By the Court,
Cowen, J.
In a case of strict negligence by a servant while employed in the service of his master, I see no reason why an action will not lie against both jointly. They are both guilty of the same negligence at the same time, and under the same circumstances; the servant in fact, and the master constructively, by the servant his-agent. Mr. Hammond lays down the rule in this waf: “ Whether the principal and inferior may be charged jointly, depends on whether the inferior is liable as a trespasser vi et armis, or in case only. If the latter, they may be sued together, but otherwise,…
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- Harriman v. StoweSupreme Court of Missouri · 1874
- Penn Central Transportation Co. v. ReddickDistrict of Columbia Court of Appeals · 1979
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