Stone v. William M. Eisen Co.
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 26, 1916, which affirmed an order of Special Term denying a motion by defendant for judgment on the pleadings. The following question was certified: “Does the complaint state facts sufficient to constitute a cause of action ? ” The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 26, 1916, which affirmed an order of Special Term denying a motion by defendant for judgment on the pleadings. The following question was certified: “Does the complaint state facts sufficient to constitute a cause of action ? ” The nature of the action and the facts, so far as material, are stated in the opinion. The master is not liable for the willful or criminal acts of its employee, unless such acts were done, not only within the general scope of the…
1Opinion of the CourtChase, J.
The defendant is a domestic corporation “engaged in the business of making, buying, and selling medical and surgical appliances and implements and in diagnosing, treating, and prescribing for persons suffering with injured or deformed feet or limbs, and in furnishing appliances for the correction and cure of such deformities. ”
The complaint alleges: “ Fourth. That in carrying on its said business defendant had in its employ, and maintained a staff of servants, clerks, specialists and other employees, including one Otto Eisen, to make examinations of the patrons and patients and to fit such…
2Cases cited9 opinions
- Schloendorff v. Society of the New York HospitalNew York Court of Appeals · 1914
- Stewart v. . Brooklyn and Crosstown R.R. Co.New York Court of Appeals · 1882
- De Wolf v. . FordNew York Court of Appeals · 1908
- Hannon v. . Siegel-Cooper Co.New York Court of Appeals · 1901
- Gillespie v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1904
4 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Carr v. Wm. C. Crowell Co.California Supreme Court · 1946
- G. L. v. Kaiser Foundation Hospitals, Inc.Oregon Supreme Court · 1988
- Cornell v. StateNew York Court of Appeals · 1979
- Nazareth v. Herndon Ambulance Serv.District Court of Appeal of Florida · 1985
- Inderbitzen v. Lane HospitalCalifornia Court of Appeal · 1932
22 more not listed; retrieve them via the Exa API.