Korber v. J. Ottman Lithographing Co.
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from an order of the City Court of the city of Hew York, denying a motion for a new trial made on the Judge’s minutes.
1Opinion of the CourtGiegerich, J.
I cannot distinguish this case from Hussey v. Coger, 112 N. Y. 614; and Crispin v. Babbitt, 81 id. 516.
Although the superintendent might have been the representative of the defendant corporation in all matters which it was the master’s duty to perform, still his act in negligently holding, or failing to hold, the ladder on which the plaintiff was standing at the time of the accident was not an act which pertained to the duty of a master to perform, but was the act of a fellow servant, like the act of the superintendent in the Hussey case, in leaving the hatch open, and the Crispin case, in…
2Cases cited1 opinion
- Hussey v. . CogerNew York Court of Appeals · 1889
3Cited by1 opinion
- Shugrue v. Providence Telephone Co.Supreme Court of Rhode Island · 1913