McFadden v. Campbell
New York Court of Common Pleas
Appeal from trial term. Action by Samuel McFadden against Herbert P. Campbell and others to recover for injuries alleged to have been sustained by plaintiff in consequence of defendants’ negligence in selecting and retaining in tlieir employment an incompetent fellow servant. From a judgment entered on a vérdict in favor of plaintiff, and from an order denying a motion for a new trial, defendants appeal.
1Opinion of the CourtGiegerich, J.
The defendants, at the time when the accident happened to the plaintiff, viz. on or about the 21st day of December, 1891, were engaged in the storage business at various places in the city of New York. Among their warehouses was one covering the block bounded by Twelfth street, Thirteenth avenue, Bethune and West streets, divided into eight stores, lettered from A to H, in which were stored various kinds of merchandise, piled in tiers nearly to the ceiling of the several floors. Plaintiff had then been in their employ about a year. He at first was employed as an ordinary laborer, and…
2Cases cited5 opinions
- Gibson v. . Erie Railway Co.New York Court of Appeals · 1875
- Davidson v. . CornellNew York Court of Appeals · 1892
- Baulec v. . New York Harlem R.R. Co.New York Court of Appeals · 1874
- Benedict v. ScheiderNew York Court of Common Pleas · 1891
- Guliano v. WhitenackNew York Court of Common Pleas · 1894