Sherwood v. Warner
Court of Appeals for the D.C. Circuit
Hearing oh an appeal by the plaintiff from a judgment of the Supreme Court of the District of Columbia in an action to recover damages for personal injuries. The Court in the opinion stated the facts as follows: This is an appeal taken from a judgment of the supreme court of the District of Columbia, entered, by direction of the trial court at the close of the plaintiff’s evidence, in favor of the defendant.
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Hearing oh an appeal by the plaintiff from a judgment of the Supreme Court of the District of Columbia in an action to recover damages for personal injuries. The Court in the opinion stated the facts as follows: This is an appeal taken from a judgment of the supreme court of the District of Columbia, entered, by direction of the trial court at the close of the plaintiff’s evidence, in favor of the defendant. The appellant, Lawrence W. Sherwood, a machinist in the employ of a firm engaged in the elevator and machine business, was sent by his employers to the “Leamington fiats” to repair the…
1Opinion of the CourtJustice Duell
The case under the evidence presents but one question necessary for determination: Was Conn, the janitor, the servant of the appellee, in endeavoring to release the appellant, so as to> make appellee liable for his negligence? That he was in the general employ of the appellee is admitted, yet such a service does not make the master liable, except for acts done for the master. While rendering such general service he may be the servant of another. As the New York court of appeals said, in Wyllie v. Palmer, 137 N. Y. 248, 19 L. R. A. 285, 33 N. E. 381: “Servants who are employed and paid by one…
2Cases cited4 opinions
- Wyllie v. . PalmerNew York Court of Appeals · 1893
- Higgins v. . Western Union Telegraph Co.New York Court of Appeals · 1898
- Murray v. . DwightNew York Court of Appeals · 1900
- Olive v. . the Whitney Marble Co.New York Court of Appeals · 1886
3Cited by2 opinions
- Wiess v. GordonCourt of Appeals of Texas · 1919
- United States v. Georgetown UniversityDistrict Court, District of Columbia · 1971