Walker v. Best
Appellate Division of the Supreme Court of the State of New York
Cboss-appeals by the plaintiff, Emma Walker, and by the defend- • ant William H. Maxwell, from portions of a judgment of the Supreme Court in part in favor of the plaintiff, but dismissing the complaint as to the defendant Lyman Á. Best, entered in the office of the clerk óf the county of Kings on the 20th day of May, 1904, upon the verdict of a jury, and also an appeal by the plaintiff from an order entered in said clerk’s office on the 6th day of June, 1904, and an appeal…
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Cboss-appeals by the plaintiff, Emma Walker, and by the defend- • ant William H. Maxwell, from portions of a judgment of the Supreme Court in part in favor of the plaintiff, but dismissing the complaint as to the defendant Lyman Á. Best, entered in the office of the clerk óf the county of Kings on the 20th day of May, 1904, upon the verdict of a jury, and also an appeal by the plaintiff from an order entered in said clerk’s office on the 6th day of June, 1904, and an appeal by the said defendant from an order entered in said clerk’s office on the 24th day of May, 1904, which orders…
1Opinion of the Court
Hirschberg, P. J.:
As the learned trial justice said in charging the jury, “There are here two cases which .are entirely separate, one against Mr. Maxwell and one against Mr. Best.” They were tried as one, and will be so considered on the appeal, the point not having been raised that a joint action only lies where joint liability exists.
The plaintiff is. a teacher in one of the public schools of the borough of Brooklyn. The defendant Best is. her principal and the defendant Maxwell is the city school superintendent. In the complaint it is charged that the defendant Best on October 5,1900,…
2Cases cited8 opinions
- Lewis and Herrick v. . ChapmanNew York Court of Appeals · 1857
- Mattice v. . WilcoxNew York Court of Appeals · 1895
- Krug v. . PitassNew York Court of Appeals · 1900
- Van Wyck v. . AspinwallNew York Court of Appeals · 1858
- Bassell v. . ElmoreNew York Court of Appeals · 1872
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Davis v. HearstCalifornia Supreme Court · 1911
- Stukuls v. State of New YorkNew York Court of Appeals · 1977
- Foley v. HoffmanCourt of Appeals of Maryland · 1947
- Howarth v. BarlowAppellate Division of the Supreme Court of the State of New York · 1906
- McAulay v. MaloffCivil Court of the City of New York · 1975
4 more not listed; retrieve them via the Exa API.