Suydam v. Moore
New York Supreme Court
This action was commenced before a justice of the peace, in the fall of 1848, and was tried before the justice and a jury on the 7th December, 1848, and a verdict was found for the plaintiff for thirty-five dollars damages. The complaint alledged that the defendants, in the summer of 1848, while running an engine on the railroad, negligently ran over and killed, with the engine, the plaintiff’s cow. Also for unlawfully running over the plaintiff’s cow.
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This action was commenced before a justice of the peace, in the fall of 1848, and was tried before the justice and a jury on the 7th December, 1848, and a verdict was found for the plaintiff for thirty-five dollars damages. The complaint alledged that the defendants, in the summer of 1848, while running an engine on the railroad, negligently ran over and killed, with the engine, the plaintiff’s cow. Also for unlawfully running over the plaintiff’s cow. That the railroad company, of which the defendants were agents or servants, did not keep cattle-guards, or fences, as required by section 42,…
1Opinion of the CourtWillard, J.
If the Saratoga and Schenectady Railroad Company would have been liable to the plaintiff for the killing of his cow on the occasion in question, had the action been brought against them, the defendants are also liable. The master is liable for the acts of the servant while acting within the scope of his authority, upon the principle that what a man does by another he does by himself. (Reeve’s Bom. Rel. 356, et seq.) When the act is a tort, arising from the negligence of the servant, while in the service and legitimate business of the master, the master and servant are both liable. (Ib. And…
2Cases cited2 opinions
- Mayor of New-York v. BaileyNew York Supreme Court · 1845
- Wright v. J. & S. WilcoxNew York Supreme Court · 1838
3Cited by25 opinions
- Gussie Fox v. Dallas Hotel Co.Texas Supreme Court · 1922
- Harriman v. StoweSupreme Court of Missouri · 1874
- Warax v. Cincinnati, N. O. & T. P. Ry. Co.U.S. Circuit Court for the District of Kentucky · 1896
- Gorman v. Pacific RailroadSupreme Court of Missouri · 1858
- Corwin v. . the New-York and Erie Railroad Co.New York Court of Appeals · 1855
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