Setzkorn v. City of Buffalo

This appeal presents a very novel and interesting question: Is the common master liable for the negligent act of one servant causing damage to the property of a fellow-servant while both servants are engaged at the time in the service of the master?

On June 9, 1924, about midday, plaintiff was seated in his own automobile which he had parked along the southerly curb of North street in the city of Buffalo. Plaintiff, at the time, was employed by "the defendant municipality as an inspector in the bureau of engineering, and was actually engaged at the time in such service, but using his own…