Koenitsky v. Matthews
City of New York Municipal Court
Motion on the judge’s minutes to set aside the verdict and for a new trial.
1Opinion of the CourtFinelite, J.
A jury having found a verdict in favor of the plaintiff, a motion was made by the defendant on the judge’s minutes to set aside the verdict and for a new trial. Decision was reserved on said motion on the question whether the defendant controlled the driver whose alleged *168negligence caused the injuries to the plaintiff. In other words, was the driver of the wagon in the employ of the servant ad hoc of the defendant at the time of the alleged accident? The contention of the defendant is that the driver of the truck was not his servant, and the doctrine of respondeat superior does not apply. It…
2Cases cited12 opinions
- Wyllie v. . PalmerNew York Court of Appeals · 1893
- Higgins v. . Western Union Telegraph Co.New York Court of Appeals · 1898
- Engel v. . Eureka ClubNew York Court of Appeals · 1893
- Lewis v. . Long Island Railroad Co.New York Court of Appeals · 1900
- Baldwin v. AbrahamAppellate Division of the Supreme Court of the State of New York · 1901
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3Cited by5 opinions
- Aderhold v. BishopSupreme Court of Oklahoma · 1923
- Stoddard v. FiskeCalifornia Court of Appeal · 1917
- Badertscher v. Independent Ice Co.Utah Supreme Court · 1919
- Ritter v. StateNew York Court of Claims · 1953
- Messina v. Societe Francaise De Bienfaissance Et D'Assistance Mutuelle De La Nouvelle OrleansLouisiana Court of Appeal · 1936