Bachand v. Daniel Reeves, Inc.

Crane, Ch. J.

The plaintiff Elizabeth Bachand and her husband sued the defendant for negligence in that while in the defendant’s store, located at 44 West Ford-ham road, in the borough of the Bronx, city of New York, a box was dropped or fell on her foot. The defendant claimed that the accident was due to the negligence of a truckman delivering goods, not in the employ of the defendant. The recovery below was affirmed by a divided court.

The other defendants in the case were truckmen, and the question arising in the evidence is whether Thomas Kelly, one of these truckmen, in delivering goods at…