De Perri v. Motor Haulage Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Motor Haulage Company, Inc., from á judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 13th day of June, 1918, upon the verdict of a jury for $1,500, and also from an order entered in said clerk’s office on the 11th day of June, 1918, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Shearn, J.:
The plaintiff was injured while riding upon a motor truck owned by the defendants and operated by a man who was in their general employment but who, at the time of the accident, according to the contention of the defendants, was the servant ad hoc of Warren Brothers, Inc., whose work he was doing, the truck being one of several which, together with chauffeurs, were furnished to Warren Brothers, Inc., under a written contract. Warren Brothers, Inc., was engaged in road construction on North Broadway, near Yonkers. The contract was as follows: “ Ralph H. Matthiessen, Clinton…
2Cases cited6 opinions
- Baldwin v. AbrahamAppellate Division of the Supreme Court of the State of New York · 1901
- Hartell v. T. H. Simonson & Son Co.New York Court of Appeals · 1916
- Baldwin v. . AbrahamNew York Court of Appeals · 1902
- McNamara v. LeipzigAppellate Division of the Supreme Court of the State of New York · 1917
- Di Salvo v. M. Larkin & Son, Inc.Appellate Terms of the Supreme Court of New York · 1913
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3Cited by4 opinions
- Finegan v. H. C. & A. I. Piercy Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1919
- Auchincloss v. United States Fidelity & Guaranty Co.Appellate Division of the Supreme Court of the State of New York · 1919
- Cooner v. United StatesCourt of Appeals for the Fourth Circuit · 1960
- Cooner v. United StatesCourt of Appeals for the Fourth Circuit · 1960