Froomkin v. Brooklyn Daily Eagle Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Fannie Froomkin, an infant, by Jacob Aranow, her guardian ad 'litem, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the ,12th day of April, 1905j upon the dismissal of the complaint by direction of the court' after a trial at the Kings County Trial Term.
1Opinion of the Court
Jenks, J.:
The action is against a master for assault by its servant.. The defendant, a publisher of a newspaper, employed the servant to-deliver its prints from one of its supply wagons to dealers and venders. At the close of the plaintiff’s case the testimony showed the following facts: * She was a vender of newspapers, standing in a large crowd about the delivery wagon waiting to buy papers. She knew the servant who' was then engaged in the .work of his master, they had always been on good terms, there was no trouble between them in any way on this occasion. She suddenly received a blow *444'…
2Cases cited4 opinions
- Rounds v. . Del., Lack. West. R.R. Co.New York Court of Appeals · 1876
- Meehan v. MorewoodNew York Supreme Court · 1889
- Collins v. . ButlerNew York Court of Appeals · 1904
- Jackson v. . Second Avenue R.R. Co.New York Court of Appeals · 1872
3Cited by4 opinions
- Hume v. ElderAppellate Division of the Supreme Court of the State of New York · 1917
- Miller v. WanamakerAppellate Terms of the Supreme Court of New York · 1908
- Oneta v. Paul Tocci Co.Appellate Division of the Supreme Court of the State of New York · 1947
- Williams v. VarowisAppellate Division of the Supreme Court of the State of New York · 1921