Dealy v. Coble
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Robert Coble, from a judgment of the County Court of Westchester county in favor of the plaintiff, entered in the office of the clerk of the county ovf Westchester on the 26th day of April, 1965,, upon the verdict of a jury for $300, and also from an order entered in said clerk’s office on the 16th day of April, 1905, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Jenks, J.:
The action is against a master for misconduct of his servant. The servant was driving the master’s private sleigh, wherein were the children of the master, along a public highway. The. plaintiff, a lad ten years old, who jumped onto the runner, of the sleigh, was struck by the servant with a whip. If the act was committed by the servant in the. scope of his employment the master was liable. (Hewson v. Interurban St. R. Co., 95 App. Div. 112, and authorities cited; Grimes v. Young, 51 id. 239; Magar v. Hammond, 183 N. Y. 387.) I think that the evidence justified a finding that the…
2Cases cited4 opinions
- Rounds v. . Del., Lack. West. R.R. Co.New York Court of Appeals · 1876
- Magar v. . HammondNew York Court of Appeals · 1906
- Johnson v. New York Central & Hudson River RailroadNew York Court of Appeals · 1903
- Hewson v. Interurban Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1904
3Cited by4 opinions
- Penas v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1910
- Doscher v. Superior Fire Proof Door & Sash Co.Appellate Division of the Supreme Court of the State of New York · 1927
- Muller v. HillenbrandAppellate Division of the Supreme Court of the State of New York · 1917
- Plotkin v. Northland Transportation Co.Supreme Court of Minnesota · 1939