Hartell v. T. H. Simonson & Son Co.
New York Court of Appeals
Appeal from a judgment, entered July 27, 1914, upon an order of the Appellate Division of the Supreme Court in the first judicial department reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. ' The nature of the action and the facts, so far as material, are stated in the- opinion. The Appellate Division was in error in holding that the driver was, as a matter of law, the servant of Durr.
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Appeal from a judgment, entered July 27, 1914, upon an order of the Appellate Division of the Supreme Court in the first judicial department reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. ' The nature of the action and the facts, so far as material, are stated in the- opinion. The Appellate Division was in error in holding that the driver was, as a matter of law, the servant of Durr. On the contrary, the testimony showing, as it did, that at the time of the accident the driver was not engaged in the general trucking business of…
1Opinion of the CourtCuddeback, J.
This case involves the question as to when a servant in the general employment of one person becomes with regard to a particular transaction the servant of another person. The action is for personal injuries. The plaintiff’s intestate was driving a paper-box wagon down Third avenue, New York city, when the wagon was struck by a large lumber truck with the result that he was thrown to the ground and sustained injuries from which he died. The driver of the truck, one Eyan, was in the general employment of a truckman named Durr, who was the owner of the team of horses attached to the truck. The…
2Cases cited4 opinions
- Kellogg v. Church Charity Foundation of Long IslandNew York Court of Appeals · 1911
- Acme Realty Co. v. . SchinasiNew York Court of Appeals · 1915
- Schmedes v. DeffaaAppellate Division of the Supreme Court of the State of New York · 1912
- Uhl v. . International Railway CompanyNew York Court of Appeals · 1915
3Cited by39 opinions
- Parke-Bernet Galleries, Inc. v. FranklynNew York Court of Appeals · 1970
- Charles v. . BarrettNew York Court of Appeals · 1922
- Raisa R. Mayes v. David A. Leipziger and Levy, Leipziger and Normington, a Professional Law CorporationCourt of Appeals for the Second Circuit · 1982
- McNamara v. . LeipzigNew York Court of Appeals · 1919
- Cannon v. . FargoNew York Court of Appeals · 1918
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