All v. Delaware & Hudson Railroad

The liability imputed to the defendant in each of these actions is based upon the doctrine of respondeat superior, and under this theory it is alleged that the defendant is responsible for the acts of negligence of its employee Scrafford, against whom recovery has already been had by each of these plaintiffs. This defendant and Scrafford are not joint tort feasors. (Wolf v. Kenyon, 242 App. Div. 116, 119.) It was there held that a verdict in favor of the master barred a further action against the servant for the same cause. (See, also, Pangburn v. Buick Motor Co., 211 N. Y. 228.) The…