Erjauschek v. Kramer
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, 0. Otto Kramer, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Mew York on the 9th day of May, 1910, upon the verdict of a jury for $1,200, and also from an order entered in said clerk’s office on the 6th day of May, 1910, denying the defendant’s motion for a new trial made upon the minutes in an action for personal injuries alleged to have been sustained by defendant's negligence.
1Opinion of the Court
Miller, J.:. The plaintiff was employed as a maid in .the defendant’s household. Her duty was, among other things, to act as maid to the defendant’s wife. While she’ alleges in- her complaint that she was employed by the defendant’s wife, the evidence tends to show, and the court charged the jury, that-she was a servant of the defendant. While she was. riding with the defendant and his wife in his automobile they were all thrown out, as the 'jury found, by reason of the chauffeur’s negligence in running the automobile into a tree. While the evidence does not plainly show how the plaintiff…
2Cases cited3 opinions
- Russell v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1858
- McGuirk v. ShattuckMassachusetts Supreme Judicial Court · 1893
- McTaggart v. Eastman's Co.City of New York Municipal Court · 1899
3Cited by7 opinions
- Glennie v. Falls Equipment Co.Appellate Division of the Supreme Court of the State of New York · 1933
- Fay v. De CampNew York Court of Appeals · 1931
- Cosar v. BemoSupreme Court of Oklahoma · 1955
- Ryan v. PhippsAppellate Division of the Supreme Court of the State of New York · 1911
- Buren v. Town of RichmondvilleAppellate Division of the Supreme Court of the State of New York · 1938
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