Cannon v. . Fargo
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 22, 1915, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. Plaintiff and the express messenger in the car were not under control of a common master. There is no evidence that they were.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 22, 1915, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. Plaintiff and the express messenger in the car were not under control of a common master. There is no evidence that they were. (Svenson v. Atlantic Mail, 57 N. Y. 108; Sanford v. Standard Oil Co., 118 N. Y. 571; Johnson v. Netherlands Am. Nav. Co., 132 N. Y. 576; Murray v.…
1Opinion of the CourtCrane, J.
The plaintiff was a gate tender, for the New York Central and Hudson River Railroad Company at the public crossing immediately below the station at Staatsburg in Dutchess county. On the thirty-first day of October, 1908, after he had lowered his gates, he was called to assist the express messenger, an employee of the defendant, to unload a package from the train. The package which was being removed weighed 385 pounds, and through the carelessness of the express agent fell from the car upon the plaintiff causing him serious injury. This negligence of the defendant’s agent is not disputed, the…
2Cases cited18 opinions
- Higgins v. . Western Union Telegraph Co.New York Court of Appeals · 1898
- Kellogg v. Church Charity Foundation of Long IslandNew York Court of Appeals · 1911
- Murray v. . DwightNew York Court of Appeals · 1900
- Williams v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1898
- Hartell v. T. H. Simonson & Son Co.New York Court of Appeals · 1916
13 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Ramsey v. New York Central R.R. Co.New York Court of Appeals · 1935
- Franklin v. Southern Pacific Co.California Supreme Court · 1928
- Claim of Schweitzer v. Thompson & Norris Co. of New JerseyNew York Court of Appeals · 1920
- Moss v. Chronicle Publishing Co.California Supreme Court · 1927
- Claim of Schechter v. State Insurance FundNew York Court of Appeals · 1959
23 more not listed; retrieve them via the Exa API.