King v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department in favor of plaintiff, entered upon an order denying a motion for a new trial and directing judgment on a verdict. (Reported below, 4 Hun, 769.) This action was brought to recover damages for injuries alleged to have been sustained through defendant’s negligence. A track of defendant’s railroad in the city of Albany runs close along by the dock.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department in favor of plaintiff, entered upon an order denying a motion for a new trial and directing judgment on a verdict. (Reported below, 4 Hun, 769.) This action was brought to recover damages for injuries alleged to have been sustained through defendant’s negligence. A track of defendant’s railroad in the city of Albany runs close along by the dock. Defendant had placed a derrick on this dock to aid in transferring rails from boats to ears. In the spring of 1872 it entered into a contract with one…
1Opinion of the CourtAndrews, J.
Where one person has sustained an injury from the negligence of another, he must, in general, proceed against him by whose negligence the injury was occasioned. If, however, the negligence which caused the injury was that of a servant, while engaged in his master’s business, the person sustaining the injury may disregard the immediate author of the mischief and hold the master responsible for the damages sustained. The master selects the servant, and the servant is subject to his control, and, in respect of the civil remedy, the act of the servant is, in law, regarded as that of the master.…
2Cases cited3 opinions
- Storrs v. . the City of UticaNew York Court of Appeals · 1858
- Coughtry v. . Globe Woolen Co.New York Court of Appeals · 1874
- Pack v. . the Mayor, C., of New YorkNew York Court of Appeals · 1853
3Cited by16 opinions
- Connell v. HaydenAppellate Division of the Supreme Court of the State of New York · 1981
- Doran v. ThomsenSupreme Court of New Jersey · 1908
- Uggla v. BrokawAppellate Division of the Supreme Court of the State of New York · 1907
- Wilkinson v. Detroit Steel & Spring WorksMichigan Supreme Court · 1889
- Wabash, St. Louis & Pacific Railway Co. v. FarverIndiana Supreme Court · 1887
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