Bostwick v. Champion
New York Supreme Court
This was an action on the case, tried at the Oneida circuit in October, 1831, before the Hon. Nathan Williams, one of the circuit judges, brought against the defendants as the owners of a stage coach, for an injury sustained by the wife of the plaintiff in being thrown from a wagon in which she was riding, in consequence of a stage coach belonging to the defendants, through the negligence of the driver thereof, coming in contact with the wagon.
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This was an action on the case, tried at the Oneida circuit in October, 1831, before the Hon. Nathan Williams, one of the circuit judges, brought against the defendants as the owners of a stage coach, for an injury sustained by the wife of the plaintiff in being thrown from a wagon in which she was riding, in consequence of a stage coach belonging to the defendants, through the negligence of the driver thereof, coming in contact with the wagon. The defendants pleaded the general issue. On the trial, the following facts appeared : The defendants run a line of stage coaches from Utica to…
1Opinion of the Court
By the Court,
Nelson, J.
This case is in some respects peculiar, and involves a principle of very general importance and application. An action on the case lies against a master for any injury done to another, through the negligence or unskilfulness of his servant, while acting in his employment. So partners are responsible in the same way for the conduct of their servants, as is exemplified by the actions in the books brought against them for driving against carriages or running down ships ; and in these cases, if the carriage or snip is the joint property of the partners, it is unimportant…
2Cases cited1 opinion
- Cumpston v. McNairNew York Supreme Court · 1828
3Cited by2 opinions
- People ex rel. Crawford v. LothropSupreme Court of Colorado · 1877
- Wilcox v. . City of RochesterNew York Court of Appeals · 1891