McCafferty v. Duyvil & Port Morris Railroad
Commission of Appeals
Appeal from, order of the General Term of the Supreme Court in the second judicial department, reversing a judgment in favor of the defendant, entered upon an order dismissing the complaint at the Circuit, and granting a new trial. This action was brought to recover damages for injuries to the plaintiffs property occasioned by blasting rocks for the construction of defendant’s railroad.
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Appeal from, order of the General Term of the Supreme Court in the second judicial department, reversing a judgment in favor of the defendant, entered upon an order dismissing the complaint at the Circuit, and granting a new trial. This action was brought to recover damages for injuries to the plaintiffs property occasioned by blasting rocks for the construction of defendant’s railroad. The facts, so far as material, were as follows: The defendant was organized under chapter 706 of the Laws of 1867, “ An act to construct a railroad from Hudson .River railroad, at Spuyten Duyvil, to the East…
1Opinion of the Court
Earl, C.
The defendant had the right to build its road in the place where it was located, and, hence, was not engaged in an unlawful enterprise. It let the contract to build the entire road to one Decker, and it seems that he subcontracted the whole or a portion of the work, and the blasting complained of was done by men employed by the subcontractor. Over these men the defendant had no control. It neither hired nor paid them, and could not control, direct nor discharge them. Hence, the rule of respondeat superior applies; and the principal for whom the men were working, and by whom they were…
2Cases cited4 opinions
- Storrs v. . the City of UticaNew York Court of Appeals · 1858
- Water Co. v. WareSupreme Court of the United States · 1873
- Kelly v. . the Mayor C. of New-YorkNew York Court of Appeals · 1854
- Pack v. . the Mayor, C., of New YorkNew York Court of Appeals · 1853
3Cited by13 opinions
- Atlanta & Florida Railroad v. KimberlySupreme Court of Georgia · 1891
- City of Logansport v. DickIndiana Supreme Court · 1880
- Bibb's Adm'r v. N. & W. R. R.Supreme Court of Virginia · 1891
- Weber v. Buffalo Railway Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Wetherbee v. PartridgeMassachusetts Supreme Judicial Court · 1900
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