State v. Swayze
Supreme Court of New Jersey
On certiorari to Salem Pleas. This action was originally brought in the court for the trial of small causes. The justice who heard the case rendered a judgment for the plaintiff in the sum of $50.50. Upon an appeal to the Court of Common Pleas, this judgment was set aside, and a judgment entered for plaintiff in the reduced sum of $40, with costs below, but without costs in the Pleas.
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On certiorari to Salem Pleas. This action was originally brought in the court for the trial of small causes. The justice who heard the case rendered a judgment for the plaintiff in the sum of $50.50. Upon an appeal to the Court of Common Pleas, this judgment was set aside, and a judgment entered for plaintiff in the reduced sum of $40, with costs below, but without costs in the Pleas. The record now comes up from the Court of Common Pleas to be reviewed, in this court, upon the following agreed state of facts: . In April, 1888, James J. Redstrake, the above plaintiff in certiorari, was the…
1Opinion of the Court
The opinion of the court was delivered by
Garrison, J.
If the relation of master and servant existed between the defendant below and the man whom he employed to trim trees for him, the former cannot escape liability for the negligence of the latter. The state of facts agreed upon by counsel discloses a clear case of negligence in aid of the presumption to the same effect, which follows the *131judgment into this court. Upon the argument, the force of this legal conclusion was sought to be broken by presenting the employe of the defendant in the light of an independent contractor. It is undoubtedly…
2Cited by7 opinions
- De Sandro v. Missoula Light & Water Co.Montana Supreme Court · 1913
- Snidman v. DorfmanNew Jersey Superior Court Appellate Division · 1950
- Norwegian Danish Methodist Episcopal Church v. Home Telephone Co.Washington Supreme Court · 1912
- Kahn v. King Petroleum Corp.New Jersey Superior Court Appellate Division · 1951
- Tedeschi v. Silver Rod-Paterson, Inc.New Jersey Superior Court Appellate Division · 1951
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