Wright Steam Engine Works v. Lawrence Cement Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered November 29, 1899, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The learned trial judge erred in holding, that Law was the servant of the defendant.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered November 29, 1899, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The learned trial judge erred in holding, that Law was the servant of the defendant. (Blake v. Ferris, 5 N. Y. 48 ; Pack v. Mayor, etc., 8 N. Y. 222; Kelly v. Mayor, etc., 11 N. Y. 432 ; McCafferty v. S. D. & P. M. R. R. Co., 61 N. Y. 178; Hexamer v. Webb, 101 N. Y.…
1Opinion of the CourtCullen, J.
The parties entered into the following written contract:
“ 27ewbubgh, 27. Y., October 21, 1896.
“ The Laweence Cement Company, 27o. 1 Broadway, 27. Y.:
“ Gentlemen.— We propose to furnish you one horizontal Wright non-condensing, automatic cut-off steam engine, hav ing a cylinder of 56 inches bore and a stroke of 48 inches.” (Here follows a detailed statement of the various parts of the engine, their sizes, capacity and character.) “We will furnish the services of one competent mechanic to superintend and assist in erecting at the rate of no charge per day of nine hours and traveling expenses,…
2Cases cited1 opinion
- Olive v. . the Whitney Marble Co.New York Court of Appeals · 1886
3Cited by4 opinions
- Szczepkowicz v. Khelshek Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1952
- Marion Steam Shovel Co. v. BertinoCourt of Appeals for the Eighth Circuit · 1936
- Casey v. . Davis Furber Machine Co.New York Court of Appeals · 1913
- Mulroy v. TarulliAppellate Division of the Supreme Court of the State of New York · 1920