Legal Opinion
New York Central Railroad v. City of New York
City of New York Municipal Court
Decided June 27, 1927PublishedCited by 1 opinion
1Opinion of the CourtGenung, J.
This is an action to recover the sum of $679 from the city of New York for damages to a retaining wall and fence belonging to the plaintiff and located at the foot of West Seventy-first street, in the borough of Manhattan, city of New York. It is the claim of the defendant that the damage was caused by a temporary employee, acting without the scope of his employment and in violation of his authority.
It appears that on April 3, 1924, a wagon of the street cleaning department of the defendant, with a driver and one or more helpers, among them one Batterman, was engaged in the work *918of collecting…
2Cases cited8 opinions
- Mott v. . Consumers' Ice CompanyNew York Court of Appeals · 1878
- Jones v. WeigandAppellate Division of the Supreme Court of the State of New York · 1909
- Muller v. . HillenbrandNew York Court of Appeals · 1920
- Baker v. . Allen Arnink Auto Renting Co.New York Court of Appeals · 1921
- Boettcher v. Best & Co.Appellate Division of the Supreme Court of the State of New York · 1922
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3Cited by1 opinion
- New York Central Railroad v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1928