Cullen v. Thomas
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Ralph Thomas, from a judgment of the Supreme Court in favor of the plaintiff and against said defendant, entered in the office of the clerk of the county of New York on the 22d day of December, 1911, upon the verdict of a jury for $1,500,. and also from an order entered in said clerk’s office on the 22d day of December, 1911, denying the said defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Scott, J.:
The action is for damages caused to' plaintiff by being run over by an automobile. The evidence of plaintiff’s freedom from contributory negligence is of the slightest, and if there were no other question in the case it would be difficult to sustain the judgment. There is, however, a much more serious question and one which is decisive of this appeal. It is sought to hold the defendant liable because the person driving the automobile, and whose negligence is said to have caused the injury, was the servant of the defendant. No proof was offered as to the ownership of the automobile,…
2Cases cited2 opinions
- Cunningham v. CastleAppellate Division of the Supreme Court of the State of New York · 1908
- Stewart v. BaruchAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by1 opinion
- Cullen v. ThomasAppellate Division of the Supreme Court of the State of New York · 1912