Lotherington v. Syracuse Rapid Transit Railway Co.

Appellate Division of the Supreme Court of New York

Lotherington v. Syracuse Rapid Transit Railway Co.

73 N.Y.S. 1139

Appellate Division of the Supreme Court of the State of New York·Decided November 26, 1901·Published

Opinion

PER CURIAM.

Judgment of county court reversed, and judgment of the municipal court affirmed, with costs. While the plaintiff and the defendant’s employé Harrison were not coemployés as matter of law, what the latter said at the time of the accident was suggestive and advisory merely; and he was not authorized, nor did he attempt, to give the plaintiff or his associates orders in the premises, and therefore the defendant is not liable.

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PER CURIAM.

Judgment of county court reversed, and judgment of the municipal court affirmed, with costs. While the plaintiff and the defendant’s employé Harrison were not coemployés as matter of law, what the latter said at the time of the accident was suggestive and advisory merely; and he was not authorized, nor did he attempt, to give the plaintiff or his associates orders in the premises, and therefore the defendant is not liable.

Lotherington v. Syracuse Rapid Transit Railway Co., 73 N.Y.S. 1139 (N.Y. Ct. App. 1901).

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73 N.Y.S. 1139 (Lotherington v. Syracuse Rapid Transit Railway Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.