Baber v. Broadway & S. A. Railroad
New York Court of Common Pleas
Appeal from trial term. Action by George L. Baber, by guardian, etc., against the Broadway & Seventh Avenue Railroad Company. From a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for a new trial, defendant appeals.
1Opinion of the CourtBischoff, J.
The points raised upon this appeal are found in the main to have been already determined adversely to the appellant in the opinion heretofore handed down upon the motion for a new trial upon exceptions after a nonsuit, the result of the former trial of the action. Baber v. Railroad Co., 10 Misc. Rep. 109, 30 N. Y. *111Supp. 931. We there held that, impliedly, the driver of defendants car, having apparent charge of defendants property, was acting within the scope of his employment when directing plaintiff, a trespasser, to leave the car, and that, therefore, defendant was liable for the injury…
2Cases cited3 opinions
- Myers v. CohnNew York Court of Common Pleas · 1893
- Malcolm v. LyonNew York Court of Common Pleas · 1892
- Baber v. Broadway & S. A. R.New York Court of Common Pleas · 1894