Legal Opinion

Birnbaum v. Lord

New York Court of Common Pleas

Decided March 14, 1894PublishedCited by 1 opinion

Appeal from city court, general term. Action by Joseph Birnbaum, an infant, by his guardian ad litem, against Samuel Lord and another, to recover damages for the alleged negligence on the part of the driver of defendants’ wagon in running over plaintiff, a boy about 12 years old, while he was crossing Chrystie street at Stanton street, in 27ew York city.

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Appeal from city court, general term. Action by Joseph Birnbaum, an infant, by his guardian ad litem, against Samuel Lord and another, to recover damages for the alleged negligence on the part of the driver of defendants’ wagon in running over plaintiff, a boy about 12 years old, while he was crossing Chrystie street at Stanton street, in 27ew York city. From a judgment of the city court (27 27. Y. Supp. 135) affirming a judgment in favor of plaintiff, entered on a verdict for $250, defendants appeal. Affirmed.

1Per curiam

The complaint was sufficient in alleging that the wagon belonged to defendants, and was driven by one of their *18agents or servants, although it does not otherwise allege that the latter was then engaged in the defendants’ business; but that is involved in the allegation that the wagon was driven by their agent or servant, for, if the driver was not engaged upon his master’s business, he would be neither agent nor servant, but his own master. As to the proof of ownership of the wagon, the defendants’ name was on the wagon, and there is no pretense of evidence on the trial that it did not belong…

2Cases cited4 opinions

  1. Cruikshank v. . GordonNew York Court of Appeals · 1890
  2. Sterrett v. . Third National Bank of BuffaloNew York Court of Appeals · 1890
  3. Quill v. New York Central & Hudson River RailroadNew York Court of Common Pleas · 1890
  4. Wennerstrom v. KellyNew York Court of Common Pleas · 1894

3Cited by1 opinion

  1. Fisher v. Western Fuse & Explosives Co.California Court of Appeal · 1910

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