Kellogg v. Church Charity Foundation of Long Island
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 7, 1910, affirming, by a divided court, a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. ■ The testimony was undisputed that the driver was not in defendant’s employ.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 7, 1910, affirming, by a divided court, a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. ■ The testimony was undisputed that the driver was not in defendant’s employ. (Lomer v. Meeker, 25 N. Y. 361; Hull v. Littauer, 162 N. Y. 569; Heinemann v. Heard, 62 N. Y. 448; King v. N. 7. C. & H. R. R. R. Co., 66 N. Y. 181; Hexamer v. Webb, 101 N. Y. 377; Kueckel v. Ryder, 54 App. Div. 252;…
1Opinion of the CourtWillard Bartlett, J.
The defendant is a charitable corporation, maintaining St. John’s Hospital in the borough of Brooklyn. On May 21,1904, a collision occurred at the corner of Lewis avenue and Decatur street in that borough between the hospital ambulance and a bicycle upon which the plaintiff was riding. The plaintiff was so severely injured thereby that he suffered the loss of an eye; and he brought this suit to charge the hospital corporation with liability for the negligence of the driver of the ambulance in causing the accident. The defendant contended originally that even if the driver were in its employ…
2Cases cited11 opinions
- Standard Oil Co. v. AndersonSupreme Court of the United States · 1909
- Little v. HackettSupreme Court of the United States · 1886
- Driscoll v. TowleMassachusetts Supreme Judicial Court · 1902
- Hordern v. . Salvation ArmyNew York Court of Appeals · 1910
- Lewis v. . Long Island Railroad Co.New York Court of Appeals · 1900
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- Schloendorff v. Society of the New York HospitalNew York Court of Appeals · 1914
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- Hospital of St. Vincent of Paul v. ThompsonSupreme Court of Virginia · 1914
- Tucker v. Mobile Infirmary Ass'nSupreme Court of Alabama · 1915
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