McNamara v. . Leipzig
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 24, 1917, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 24, 1917, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The trial court erred in denying the defendant’s motion to dismiss the . complaint upon the ground that the plaintiff had failed to establish that the driver of the automobile was the servant of the defendant at the time of the accident, and in submitting that question to the jury. (Schmedes v. Deffaa, 214 N. Y.…
1Opinion of the CourtCollin, J.
The action is to recover damages for the alleged negligence of the defendant by which the death of plaintiff’s intestate was caused. (Code of Civil Procedure, sections 1902-1905.) The judgment of the Trial Term consequent upon the verdict in favor of the plaintiff was affirmed by the non-unanimous decision of the Appellate Division.
Under the exceptions and the briefs of counsel the appeal presents the single question whether or not the evidence tended to prove the Lability of the defendant for the negligence of the chauffeur in so driving the automobile, in which the defendant was, against…
2Cases cited22 opinions
- Standard Oil Co. v. AndersonSupreme Court of the United States · 1909
- Little v. HackettSupreme Court of the United States · 1886
- Driscoll v. TowleMassachusetts Supreme Judicial Court · 1902
- Butler v. . TownsendNew York Court of Appeals · 1891
- Higgins v. . Western Union Telegraph Co.New York Court of Appeals · 1898
17 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Thompson v. Grumman Aerospace Corp.New York Court of Appeals · 1991
- Charles v. . BarrettNew York Court of Appeals · 1922
- Bartolomeo v. Charles Bennett Contracting Co.New York Court of Appeals · 1927
- Densby v. BartlettIllinois Supreme Court · 1925
- Thatcher v. PierceSupreme Court of Pennsylvania · 1924
41 more not listed; retrieve them via the Exa API.