Killilea v. . Morgan
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered May 10, 1917, unanimously affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant, his employer. Defendant had a country home on a small island off the north shore of Long Island. It was approached by a causeway.
Read the full summary
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered May 10, 1917, unanimously affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant, his employer. Defendant had a country home on a small island off the north shore of Long Island. It was approached by a causeway. On July 3, 1915, he and his family were attacked and he himself shot. Thereafter guards were maintained in and about the…
1Per curiam
We think that McGregor, the superintendent of the estate, must be deemed the alter ego of the defendant, and that for his negligence in failing to correct the‘dangerous condition after notice of its existence, the defendant is responsible (Henry v. Hudson & M. R. R. Co., 201 N. Y. 140; Connolly v. Hall & Grant Const. Co., 192 N. Y. 182, 187).
The judgment should be affirmed with costs.
Hiscock, Ch. J., Chase, Hogan, Cardozo, Pound, McLaughlin and Andrews, JJ., concur.
Judgment affirmed.
2Cases cited2 opinions
- Henry v. . Hudson Manhattan R.R. Co.New York Court of Appeals · 1911
- Connolly v. . Hall Grant Construction Co.New York Court of Appeals · 1908