Ham v. Mayor of New York
New York Court of Appeals
Appeal from order of the General Term of the Superior Court of the City of New York, setting aside a verdict in favor of plaintiff and granting a new trial. (Reported below, 5 J. & S., 458.) This action was brought to recover damages alleged to have been sustained by plaintiff in consequence of the negligence of defendant’s employees and servants.
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Appeal from order of the General Term of the Superior Court of the City of New York, setting aside a verdict in favor of plaintiff and granting a new trial. (Reported below, 5 J. & S., 458.) This action was brought to recover damages alleged to have been sustained by plaintiff in consequence of the negligence of defendant’s employees and servants. The complaint alleged, and plaintiff’s evidence tended to show, that he had a wareroom or repository for carriages and harness on sale in the city of New York. That the department of public instruction occupied the upper part of the building for a…
1Opinion of the CourtMiller, J.
The liability of the defendant in this action rests upon the principle that it is responsible for the negli gent act of its servants, under the doctrine of respondeat superior, which is based upon the right of the employer to select his servants, to discharge them if careless, unskillful or incompetent, and to direct and control them while in his employ. This rule has no application where the power referred to does not exist. (Blake v. Ferris, 5 N. Y., 48; Pack v. Mayor, etc., 8 N. Y., 222; Kelly v. The Mayor, 11 N. Y,, 432.) In the last two cases cited it was held that a municipal…
2Cases cited6 opinions
- Maxmilian v. . MayorNew York Court of Appeals · 1875
- Blake v. . FerrisNew York Court of Appeals · 1851
- Pack v. . the Mayor, C., of New YorkNew York Court of Appeals · 1853
- Terry v. MayorThe Superior Court of New York City · 1861
- Coulter v. . Board of EducationNew York Court of Appeals · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by60 opinions
- Workman v. New York CitySupreme Court of the United States · 1900
- People Ex Rel. Sherwood v. State Board of CanvassersNew York Court of Appeals · 1891
- Esberg Cigar Co. v. City of PortlandOregon Supreme Court · 1899
- Herman v. . Board of EducationNew York Court of Appeals · 1922
- Antin v. Union High School District No. 2Oregon Supreme Court · 1929
55 more not listed; retrieve them via the Exa API.