Smith v. . City of Rochester
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, in favor of defendant, entered upon an order denying a motion for a new trial and directing judgment on an order nonsuiting plaintiff on trial. (Reported hclow, 13 Hun, 214.) This action was brought to recover damages for injuries alleged to have been sustained through the negligence of the driver of one of defendant’s hose carts.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, in favor of defendant, entered upon an order denying a motion for a new trial and directing judgment on an order nonsuiting plaintiff on trial. (Reported hclow, 13 Hun, 214.) This action was brought to recover damages for injuries alleged to have been sustained through the negligence of the driver of one of defendant’s hose carts. Plaintiff’s counsel, in opening the cause on trial, stated substantially the following facts: That the defendant, by its charter, was empowered to organize and maintain…
1Opinion of the CourtMiller, J.
The doctrine is well settled, that municipal corporations are within the operation of the general rule of law, that the superior or employer must answer civilly for the negligence or want of skill of an agent or servant in the course of their employment, by which another is injured. It is essential, however, to establish such a liability that the act complained of must be within the scope of the corporate powers, as provided by charter or positive enactment of law. If the act done is committed outside of the authority and power of the corporation as conferred by statute, the corporation is…
2Cases cited9 opinions
- Mayor of New-York v. BaileyNew York Supreme Court · 1845
- Fisher v. City of BostonMassachusetts Supreme Judicial Court · 1870
- Ham v. Mayor of New YorkNew York Court of Appeals · 1877
- Lee v. . the Village of Sandy HillNew York Court of Appeals · 1869
- Jewett v. City of New HavenSupreme Court of Connecticut · 1871
4 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Workman v. New York CitySupreme Court of the United States · 1900
- Cummins v. City of SeymourIndiana Supreme Court · 1881
- City of Winona v. BotzetCourt of Appeals for the Eighth Circuit · 1909
- Smyth v. . City of New YorkNew York Court of Appeals · 1911
- Leeds v. City of RichmondIndiana Supreme Court · 1885
39 more not listed; retrieve them via the Exa API.