Stroher v. . Elting
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made May 24, 1882, which affirmed a judgment in favor of plaintiff, entered upon a verdict. The nature of the action and the material facts are stated in the opinion. Defendant was not liable foy the negligence of the driver of the team; the relation of master and servant did not exist between them.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made May 24, 1882, which affirmed a judgment in favor of plaintiff, entered upon a verdict. The nature of the action and the material facts are stated in the opinion. Defendant was not liable foy the negligence of the driver of the team; the relation of master and servant did not exist between them. (McMullen v. Hoyt, 2 Daly, 275; Boniface v. Relyea, 5 Abb. [N. S.] 259, 263; Blake v. Ferris, 5 N. Y. 48; Mulligan v. Wedge, 13 Ad. & El. 737; Powles v. Hudson, 36 Eng. L. R.…
1Opinion of the CourtDanforth, J.
The plaintiff, while walking in a public street in the village of Port Jervis, was knocked down and run over by a team of horses and wagon belonging to the defendant. He was injured, and brought this action to recover compensation for the damages sustained. The plaintiff had a verdict, which the Special Term refused to set aside, and judgment followed in his favor. It was affirmed by the General Term.
The case shows that the defendant was not present at the collision, and upon appeal to this court the on-ly question raised is, whether the learned trial judge erred in holding as matter of law…
2Cases cited1 opinion
- Leggett v. . HydeNew York Court of Appeals · 1874
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