O'Brien v. . Stern Brothers
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered February 6, 1917, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The automobile which collided with respondent’s intestate was not engaged in the business of the appellant at the time of the accident, so that appellant was not responsible for the accident.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered February 6, 1917, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The automobile which collided with respondent’s intestate was not engaged in the business of the appellant at the time of the accident, so that appellant was not responsible for the accident. (Potts v. Pardee, 220 N. Y. 431; Reilly v. Connable, 214 N. Y. 586; Lanzer v. Read, 160 App. Div. 584; Heissenbuttel v.…
1Opinion of the CourtCrane, J.
As the affirmance in this case was by a divided court, we are obliged to determine whether there was any evidence upon which to base the recovery for .the plaintiff.
The only point presented is whether at the time of the accident the chauffeur in charge of the defendant’s automobile was acting within the scope of his employment.
The law of the case has been fully and completely stated in Reilly v. Connable (214 N. Y. 586). There the servant was using the master’s automobile in procuring supplies for himself and household, and the court said: “ The fact that the automobile was the defendant’s…
2Cases cited1 opinion
- Reilly v. . ConnableNew York Court of Appeals · 1915
3Cited by7 opinions
- Der Ohannessian v. . ElliottNew York Court of Appeals · 1922
- Dennis v. Miller Automobile Co.California Court of Appeal · 1925
- Bryan v. BunisAppellate Division of the Supreme Court of the State of New York · 1924
- Carty v. Acker, Merrall & Condit Co.Appellate Division of the Supreme Court of the State of New York · 1924
- Cohen v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1926
2 more not listed; retrieve them via the Exa API.