Carman v. Mayor of New York
New York Supreme Court
Demurrer to the complaint. The action was brought by Richard F. Carman against the city of New York, to recover $1500 for damages to certain fruit-trees. The complaint, omitting formal parts, was as follows: I. That the above-named defendants are a municipal corpora- . tion, duly incorporated under and by virtue of the laws of the State of New York. II.
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Demurrer to the complaint. The action was brought by Richard F. Carman against the city of New York, to recover $1500 for damages to certain fruit-trees. The complaint, omitting formal parts, was as follows: I. That the above-named defendants are a municipal corpora- . tion, duly incorporated under and by virtue of the laws of the State of New York. II. That the said defendants, at the times hereinafter specified, were and still are the owners of all that certain tract, piece, or parcel of land, situate, lying, and being in the counties of New York and Westchester, known as the Croton…
1Opinion of the CourtClerke, J.
This is an action in the nature of an action on the case for the negligence of the defendants’ servants.
The law, in allowing a remedy of this kind, supposes some fault or dereliction on the part of the master; otherwise it would *304not make him liable for the conduct of other persons. The gist of the action, then, I presume, is the neglect on the part of the master to do what he ought to have done; and this neglect may consist either in the want of sufficient care in employing suitable persons, or in the want of that precaution in directing their labor which would prevent them from doing any…
2Cited by1 opinion
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