Berg v. . Parsons
New York Court of Appeals
Appeal from a judgment of the late General Term of the Supreme Court in the first judicial department, entered November 20, 1895, affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial.
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Appeal from a judgment of the late General Term of the Supreme Court in the first judicial department, entered November 20, 1895, affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial. This action was brought to recover damages alleged to have been sustained by plaintiff by reason of the carelessness of a contractor employed by the defendant to blast out a cellar upon his premises, which were adjacent to those of the plaintiff. The facts are stated in the dissenting opinion. There was no proof of want cf care on the part of the…
1Opinion of the CourtMartin, J.
The doctrine of respondeat superior is based upon the relation of master and servant or principal and agent. As no such relation existed between the parties, I find no ground upon which the judgment in this action can be sustained.
The rule that where the relation of master and servant or principal and agent does not exist, but an injury results from negligence in the performance of work by a contractor, the party with whom he contracts is not responsible for his negligence or that of his servants, is well established by the author ities in this state. (Blake v. Ferris, 5 N. Y. 48; Pack v.…
2Cases cited10 opinions
- Storrs v. . the City of UticaNew York Court of Appeals · 1858
- Ferguson v. . HubbellNew York Court of Appeals · 1884
- Blake v. . FerrisNew York Court of Appeals · 1851
- Kelly v. . the Mayor C. of New-YorkNew York Court of Appeals · 1854
- Pack v. . the Mayor, C., of New YorkNew York Court of Appeals · 1853
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3Cited by41 opinions
- Kingsland v. Erie County Agricultural SocietyNew York Court of Appeals · 1949
- Uppington v. . City of New YorkNew York Court of Appeals · 1901
- Sullivan v. . DunhamNew York Court of Appeals · 1900
- Hess v. Bernheimer & Schwartz Pilsener Brewing Co.New York Court of Appeals · 1916
- Deming v. . Terminal Railway of BuffaloNew York Court of Appeals · 1901
36 more not listed; retrieve them via the Exa API.