Nauyalis v. Philadelphia & Reading Coal & Iron Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the “plaintiff, Matt Nauyalis, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Richmond on the 29th day of January, 1915, upon a dismissal of the complaint on the merits by direction of the court at the close of the case.
1Opinion of the Court
Stapleton, J.:
The plaintiff, injured through the negligence of a person or persons other than the defendant, sued the defendant to recover *501damages. He places the defendant’s liability upon the common-law doctrine of respondeat superior. The defendant pleaded a denial of the facts alleged to bring the case within that doctrine. It proved, by the uncontradicted evidence of a witness whose credibility presented no question of fact, that the mine in which the plaintiff was working’ and all of the persons whose acts or omissions are alleged to have caused his injury, were under the control of a…
2Cases cited7 opinions
- Archer v. New York, New Haven & Hartford RailroadNew York Court of Appeals · 1887
- Stumpf v. HallahanAppellate Division of the Supreme Court of the State of New York · 1905
- Stumpf v. . HallahanNew York Court of Appeals · 1906
- Niagara Fire Insurance v. Campbell StoresAppellate Division of the Supreme Court of the State of New York · 1905
- Bigus v. Lehigh & Wilkesbarre Coal Co.Appellate Division of the Supreme Court of the State of New York · 1914
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3Cited by2 opinions
- Lehigh Valley R. v. QuereauCourt of Appeals for the Second Circuit · 1923
- Nauyalis v. Philadelphia & Reading Coal & Iron Co.Court of Appeals for the Second Circuit · 1920