Fish v. Dodge
New York Supreme Court
APPEAL from an order made at a special term, overruling a demurrer to the complaint. The plaintiffs, in their complaint, alleged that on or about the 7th day of Septem-? her, 1859, one Myron H. Mills entered into a contract under seal with the people of the state of New York, which contract was duly executed on the part of said people, under the hands and seals of the then canal commissioners, state engineer and surveyor, and auditor of the state of New York, and said…
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APPEAL from an order made at a special term, overruling a demurrer to the complaint. The plaintiffs, in their complaint, alleged that on or about the 7th day of Septem-? her, 1859, one Myron H. Mills entered into a contract under seal with the people of the state of New York, which contract was duly executed on the part of said people, under the hands and seals of the then canal commissioners, state engineer and surveyor, and auditor of the state of New York, and said contract was duly made in pursuance and by virtue of the laws of the state of New York relating to the canals of said state,…
1Opinion of the Court
By the Court, Johnson, J.
The principle, respondeat superior, does not apply to a case like this, and affords no shield to the defendant. This is fully settled in the cases of Blake v. Ferris, (1 Seld. 48;) Pack v. The Mayor &c. of *172New York, (4 id. 222;) and Kelly v. Same, (1 Kern. 432.) He is in no sense an agent or servant of any one, but is exercising an independent employment under an express and specific contract. This contract the statute authorizes the contracting board to make; which board is composed of the canal commissioners, the auditor of the canal department, and the state…
2Cases cited1 opinion
- Conrad v. . the Trustees of the Village of IthacaNew York Court of Appeals · 1857
3Cited by2 opinions
- Robinson v. . ChamberlainNew York Court of Appeals · 1866
- Robinson v. . ChamberlainNew York Court of Appeals · 1866