Maxmilian v. . Mayor
New York Court of Appeals
Appeal from j udgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of defendants entered upon an order dismissing plaintiff’s complaint on trial at Circuit. (Reported below, 2 Hun, 263.) This action was brought to recover damages for the alleged negligent killing of Max K. Maxmilian, plaintiff’s intestate.
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Appeal from j udgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of defendants entered upon an order dismissing plaintiff’s complaint on trial at Circuit. (Reported below, 2 Hun, 263.) This action was brought to recover damages for the alleged negligent killing of Max K. Maxmilian, plaintiff’s intestate. On the 26th May, 1871, said Maxmilian, while attempting to enter a street car in the city of New York, was struck and run over by an ambulance wagon which was driven by an employe of the Commissioners of public charities and…
1Opinion of the CourtFolger, J.
It is sought to charge the defendant in this case, upon the rule that the employer must answer for the negligent act of the servant: the rule of respondeat superior. And it is clear that upon no other principle can the defendant be charged. Conceding that the ambulance wagon and the horse before it, were the property of the defendant, there is no intimation that the establishment was not, in all respects, such as was fitting for the use for which it was kept, and to which it was in fact put at the time. It was personal property, well adapted to the service in which it was engaged, in itself…
2Cases cited14 opinions
- Mayor of New-York v. BaileyNew York Supreme Court · 1845
- Conrad v. . the Trustees of the Village of IthacaNew York Court of Appeals · 1857
- Oliver v. City of WorcesterMassachusetts Supreme Judicial Court · 1869
- Fisher v. City of BostonMassachusetts Supreme Judicial Court · 1870
- Blake v. . FerrisNew York Court of Appeals · 1851
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3Cited by248 opinions
- Lanza v. WagnerNew York Court of Appeals · 1962
- Weiss v. FoteNew York Court of Appeals · 1960
- Walla Walla City v. Walla Walla Water Co.Supreme Court of the United States · 1898
- South Carolina v. United StatesSupreme Court of the United States · 1905
- Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
243 more not listed; retrieve them via the Exa API.