Legal Opinion
Poniatowski v. City of New York
New York Court of Appeals
Decided March 26, 1964PublishedCited by 10 opinions
1Opinion of the CourtFuld, J.
The fellow-servant doctrine should not be applied in a case, such as the present, where a New York City police officer, serving in a police car as a " recorder ”, was injured when the car, operated by a fellow officer, collided with another automobile while in pursuit of a third vehicle.
At common law, police officers engaged in police work were regarded not as employees or servants of the municipality but rather as agents performing a public duty and a governmental function. In consequence, the municipality was immune from suit for injuries to third parties caused by negligence on the *80part of…
2Cases cited7 opinions
- Bernardine v. City of New YorkNew York Court of Appeals · 1945
- Matter of Evans v. BerryNew York Court of Appeals · 1933
- Crenshaw Bros. Produce Co., Inc. v. HarperSupreme Court of Florida · 1940
- Ottmann v. Village of Rockville CentreNew York Court of Appeals · 1937
- Miller v. City of AlbanyNew York Supreme Court · 1935
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Cooper v. City of New YorkNew York Court of Appeals · 1993
- Buckley v. City of New YorkNew York Court of Appeals · 1982
- Santangelo v. StateNew York Court of Claims · 1985
- Lawrence v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1981
- Glass v. City of ChattanoogaTennessee Supreme Court · 1993
5 more not listed; retrieve them via the Exa API.