Cunningham v. Syracuse Improvement Co.
Appellate Division of the Supreme Court of the State of New York
. Appeal by the plaintiff, Patrick Cunningham, from a judgment of the Supreme Court in favor.of -the defendant, entered in. the office of the clerk of the county of Onondaga on the 17th day of .February, 1897, upon the dismissal of his complaint by direction of 'the court after a trial at the Onondaga Trial Term. The plaintiff was a teamster in the employ .and pay of one John W. Gee.
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. Appeal by the plaintiff, Patrick Cunningham, from a judgment of the Supreme Court in favor.of -the defendant, entered in. the office of the clerk of the county of Onondaga on the 17th day of .February, 1897, upon the dismissal of his complaint by direction of 'the court after a trial at the Onondaga Trial Term. The plaintiff was a teamster in the employ .and pay of one John W. Gee. On the l-3th of August, 1895, Gee agreed with the defendant to furnish it a team, wagon and man to haul stone, for three dollars and fifty cents per day, and he thereupon directed plaintiff to take a team and…
1Opinion of the Court
Adams, J.:
At the close of the plaintiff’s evidence a nonsuit was directed by the learned trial court, upon the ground that the injury of which the plaintiff complains was inflicted by the negligence of a fellow-servant, and the determination thus reached presents the sole question which this court is called upon to review.
It is, of course, not to be denied that at the time of the accident the plaintiff and the person whose negligence caused his injury were engaged in a common occupation. But it is insisted, nevertheless, that they were in no legal sense co-servants, for the reason that they…
2Cases cited7 opinions
- Blake v. . FerrisNew York Court of Appeals · 1851
- Wyllie v. . PalmerNew York Court of Appeals · 1893
- Butler v. . TownsendNew York Court of Appeals · 1891
- Kimball v. CushmanMassachusetts Supreme Judicial Court · 1869
- Johnson v. City of BostonMassachusetts Supreme Judicial Court · 1875
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3Cited by10 opinions
- Baldwin v. AbrahamAppellate Division of the Supreme Court of the State of New York · 1901
- Wicklund v. North Star Timber Co.Supreme Court of Minnesota · 1939
- Wolfe v. Mosler Safe Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Koenitsky v. MatthewsCity of New York Municipal Court · 1909
- Breslin v. SparksAppellate Division of the Supreme Court of the State of New York · 1904
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