Higgins v. Western Union Tel. Co.
The Superior Court of the City of New York and Buffalo
Appeal from trial term. Action by Peter Higgins against the Western Union Telegraph Company. From a judgment entered on a verdict in favor of defendant, and from an order denying a motion for a new trial, defendant appeals.
1Opinion of the CourtMcADAM, J.
When the record of the former trial was before us, we decided, as matter of law, from the facts disclosed, that Algar was the servant of the defendant at the time of the injury complained of, and that the defendant was responsible for his negligence, on the theory of respondeat superior. See report of case, 8 Misc. Rep. 433, 28 N. Y. Supp. 676. Following that ruling, the trial judge, at the second trial, charged the jury, in the nature of a binding instruction, that the defendant was Algar’s master at the time of the accident, and as such responsible for- any negligence on his part, and the…
2Cases cited3 opinions
- White v. Norfolk & Southern RailroadSupreme Court of North Carolina · 1894
- Sheridan v. CharlickNew York Court of Common Pleas · 1872
- Higgins v. Western Union Telegraph Co.The Superior Court of the City of New York and Buffalo · 1894