Murtha v. New York Homeopathic Medical College & Flower Hospital
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 8, 1918, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. An agency of the state in the performance of its governmental functions shares with it immunity from the doctrine of respondeat superior.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 8, 1918, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. An agency of the state in the performance of its governmental functions shares with it immunity from the doctrine of respondeat superior. (Maxmilian v. Mayor, etc., 62 N. Y. 160; Hughes v. County of Monroe, 147 N. Y. 49, 57; Woodhull v. Mayor, etc., 150 N. Y. 450; Lefrois v. County of Monroe,…
1Opinion of the CourtCardozo, J.
The plaintiff, while riding in a taxicab, was run down and injured by the defendant’s ambulance. The legislature has created for the city of New York a board of ambulance service, with authority to establish ambulance districts, and contract with any hospital corporation for ambulance service therein (Greater N. Y. Charter, § 693a; L. 1909, ch. 395). The defendant, a hospital corporation, undertook to supply such service in return for a yearly payment, and was fulfilling its undertaking at the time of the collision. It admits that its driver was negligent, and that the plaintiff was…
2Cases cited9 opinions
- Schloendorff v. Society of the New York HospitalNew York Court of Appeals · 1914
- Maxmilian v. . MayorNew York Court of Appeals · 1875
- Kellogg v. Church Charity Foundation of Long IslandNew York Court of Appeals · 1911
- Smith v. . State of New YorkNew York Court of Appeals · 1920
- Hordern v. . Salvation ArmyNew York Court of Appeals · 1910
4 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Bernardine v. City of New YorkNew York Court of Appeals · 1945
- Silva v. Providence Hospital of OaklandCalifornia Supreme Court · 1939
- Herman v. . Board of EducationNew York Court of Appeals · 1922
- Morell v. BalasubramanianNew York Court of Appeals · 1987
- Sheehan v. North Country Community HospitalNew York Court of Appeals · 1937
20 more not listed; retrieve them via the Exa API.