Ciuffi v. Metropolitan Street Railway Co.

Appellate Terms of the Supreme Court of New York

Ciuffi v. Metropolitan Street Railway Co.

84 N.Y.S. 918

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 18, 1903

StatusPublished

This text of 84 N.Y.S. 918 (Ciuffi v. Metropolitan Street Railway Co.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ciuffi v. Metropolitan Street Railway Co., 84 N.Y.S. 918 (N.Y. Ct. App. 1903).

Pincite

Opinion

FREEDMAN, P. J.

Although both the plaintiff and the driver of the wagon were employed by the same master, they were not, while riding on the wagon, engaged in a common enterprise. The plaintiff had not the slightest control over the driver, nor did he assume to influence him in a way which led to the collision.. The case is not one in which it can be held that the plaintiff is chargeable, as matter of law, with the negligence of the driver as a comrade engaged in a common enterprise, and no request was made to submit the question to the jury as one of fact. The exceptions taken are without merit. ,

The judgment and order should be affirmed, with costs. All concur.

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FREEDMAN, P. J.

Although both the plaintiff and the driver of the wagon were employed by the same master, they were not, while riding on the wagon, engaged in a common enterprise. The plaintiff had not the slightest control over the driver, nor did he assume to influence him in a way which led to the collision.. The case is not one in which it can be held that the plaintiff is chargeable, as matter of law, with the negligence of the driver as a comrade engaged in a common enterprise, and no request was made to submit the question to the jury as one of fact. The exceptions taken are without merit. ,

The judgment and order should be affirmed, with costs. All concur.

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Bluebook (online)

84 N.Y.S. 918, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ciuffi-v-metropolitan-street-railway-co-nyappterm-1903.