Hanatsek v. Wilson
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Paul Hanatsek, as administrator, etc., from a judgment of the Supreme Court in favor of certain of the defendants, entered in the office of the clerk of the county of Queens on the 24th day of October, 1913, upon a dismissal of the complaint as to the respondents by direction of the court at the close of plaintiff’s case.
1Opinion of the Court
Jenks, P. J.:
The action is for the negligent driving of a horse and wagon whereby the plaintiff’s intestate was killed when standing at gaze in a city street. The action was begun against Tormey & Oo., truckmen, and P. K. Wilson & Son, merchants. But Tormey & Oo. adjusted the claim, aqd the case was continued against P. K. Wilson & Son alone. The plaintiff was non-suited at Trial Term and appeals. The question presented is whether the driver, at the time of the accident, was the servant of the truckmen or of the merchants. As the nonsuit was ordered at the close of the plaintiff’s case the…
2Cases cited6 opinions
- Little v. HackettSupreme Court of the United States · 1886
- Kellogg v. Church Charity Foundation of Long IslandNew York Court of Appeals · 1911
- Oulighan v. ButlerMassachusetts Supreme Judicial Court · 1905
- Joslin v. Grand Rapids Ice Co.Michigan Supreme Court · 1883
- Vasligato v. Yellow Pine Co.Appellate Division of the Supreme Court of the State of New York · 1913
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Cannon v. . FargoNew York Court of Appeals · 1918
- Nissula v. Southern Idaho Timber Protective Ass'nIdaho Supreme Court · 1952
- Peer v. . BabcockNew York Court of Appeals · 1920
- Thayer v. KirchhofSupreme Court of Colorado · 1928
- McHarg v. AdtAppellate Division of the Supreme Court of the State of New York · 1914
2 more not listed; retrieve them via the Exa API.