Schmedes v. Deffaa
Appellate Division of the Supreme Court of the State of New York
Appeal in each case by the plaintiff from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 22d day of Hovember, 1911, upon the dismissal of the complaint by direction of the court at the close of plaintiff’s case on a trial at the New York Trial Term.
1Opinion of the Court
Scott, J.:
The plaintiff in the first above-entitled action sues for damages for personal injuries resulting, as she alleges, from the negligence of the driver of a carriage. The only question to be considered upon this appeal is whether such driver was the servant of defendant in such a sense as to render the defendant liable for the driver’s negligence under the doctrine of respondeat superior.
The defendant is the keeper of a livery stable. On April 25, 1909, he had received an order from one August Herlich, an undertaker, to furnish a number of carriages, horses and drivers to attend…
2Cases cited9 opinions
- Standard Oil Co. v. AndersonSupreme Court of the United States · 1909
- Maxmilian v. . MayorNew York Court of Appeals · 1875
- Kellogg v. Church Charity Foundation of Long IslandNew York Court of Appeals · 1911
- Baldwin v. AbrahamAppellate Division of the Supreme Court of the State of New York · 1901
- Howard v. . LudwigNew York Court of Appeals · 1902
4 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- McNamara v. . LeipzigNew York Court of Appeals · 1919
- O'Brien v. RindskopfSupreme Court of Missouri · 1934
- Hartell v. T. H. Simonson & Son Co.New York Court of Appeals · 1916
- Cannon v. . FargoNew York Court of Appeals · 1918
- Claim of Schweitzer v. Thompson & Norris Co. of New JerseyNew York Court of Appeals · 1920
15 more not listed; retrieve them via the Exa API.