Murray v. . Union Railway Co.
New York Court of Appeals
. Appeal from a judgment entered May 25, 1918, upon an order of the Appellate Division of the Supreme Court in the second judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion.
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. Appeal from a judgment entered May 25, 1918, upon an order of the Appellate Division of the Supreme Court in the second judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. Respondent utterly failed, as matter of law, to establish the special defense alleged in its answer, and the trial court properly declined to submit that question to the jury. (Svenson v. Atl. M. S. S. Co., 57 N. Y. 108; Matter of Dale v. Saunders Bros., 218…
1Opinion of the CourtCardozo, J.
In July, 1916, there was a strike of motormen and conductors on the street railroad operated by the defendant in the city of New York. The Washington Detective Bureau undertook to furnish other motormen and conductors, and also guards or watchmen to protect the passengers and cars from violence. One of these guards was the plaintiff. He was injured in a collision as the result of the defendant’s negligence. The question is whether his relation to the defendant at the time of the collision was that of an employee to an employer, either general or special (Matter of De Noyer v. Cavanaugh, 221…
2Cases cited5 opinions
- Standard Oil Co. v. AndersonSupreme Court of the United States · 1909
- Hull v. Philadelphia & Reading Railway Co.Supreme Court of the United States · 1920
- Matter of De Noyer v. . CavanaughNew York Court of Appeals · 1917
- McNamara v. . LeipzigNew York Court of Appeals · 1919
- Claim of Schweitzer v. Thompson & Norris Co. of New JerseyNew York Court of Appeals · 1920
3Cited by41 opinions
- Thompson v. Grumman Aerospace Corp.New York Court of Appeals · 1991
- Ellegood v. Brashear Freight Lines, Inc.Missouri Court of Appeals · 1942
- Ramsey v. New York Central R.R. Co.New York Court of Appeals · 1935
- Samuel v. Fourth Avenue Associates, LLCAppellate Division of the Supreme Court of the State of New York · 2010
- Fisher v. City of SeattleWashington Supreme Court · 1963
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