Simons v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Brooklyn Heights Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk, of the county of Kings on the 13th day of December, 1909, upon the verdict of a jury for $2,500, and also from an order entered in said clerk’s office on the 11th day of December,'1909, denying the defendant’s motion fora new trial made upon the minutes.
1Opinion of the Court
Thomas, J.:
The motorman started his car without signal from his conductor, whereby the latter was injured. Hence this action. The defendant gave plaintiff authority to direct the motorman in the performance of the duty of starting the car, and imposed upon the motorman the duty of physical control of the car; By section 42a of the Railroad Law, the conductor was vice-principal as to the motorman in the matter of directing him, and the motorman was vice-principal as to the conductor in directing the car. ' So, if the conductor as such vice-principal ordered the servant to start the car and the…
2Cases cited4 opinions
- Fallon v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1898
- Matter of Stillwater M. St. Ry. Co.New York Court of Appeals · 1902
- Vail v. . Railroad CompanyNew York Court of Appeals · 1895
- Forton v. Crosstown Street Railway Co.New York Supreme Court · 1909
3Cited by4 opinions
- Kent v. Jamestown Street Railway Co.New York Court of Appeals · 1912
- Hildebrant v. Lehigh Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1913
- Larson v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1915
- Simons v. Brooklyn Heights R.Appellate Division of the Supreme Court of the State of New York · 1911