Legal Opinion

Kueckel v. Ryder

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1900PublishedCited by 9 opinions

Appeal by the plaintiff, Frank Kueckel, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 9th day of April, 1900, upon the dismissal of- the. complaint by direction of the court after a trial before the court and a jury at the New York Trial Term.

1Opinion of the Court

Patterson, J.:

This action was brought to recover damages for personal injuries which it is alleged in the complaint were sustained by the plaintiff through the negligent acts of the defendants’ servants. The principal defense, and the only one requiring consideration upon this appeal, is, that the persons through whose negligence the plaintiff was injured were not servants of the defendants, but were those of an independent contractor who was employed by the defendants to do certain work and over whom they had no control or direction in the performance of that work. On.the trial of the action…

2Cases cited3 opinions

  1. Hexamer v. . WebbNew York Court of Appeals · 1886
  2. Butler v. . TownsendNew York Court of Appeals · 1891
  3. King v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1876

3Cited by9 opinions

  1. Swift & Co. v. AlstonCourt of Appeals of Georgia · 1934
  2. Tyler v. MacFadden Newspapers Corp.Superior Court of Pennsylvania · 1932
  3. Stoltze v. Arkansas Valley Electric Cooperative Corp.Supreme Court of Arkansas · 2003
  4. Western Arkansas Telephone Co. v. CottonSupreme Court of Arkansas · 1976
  5. Hopkins v. Empire Engineering Corp.Appellate Division of the Supreme Court of the State of New York · 1912

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