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

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 26, 1901

StatusPublished

This text of 73 N.Y.S. 1139 (Lotherington v. Syracuse Rapid Transit Railway Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

Pincite

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.

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Bluebook (online)

73 N.Y.S. 1139, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lotherington-v-syracuse-rapid-transit-railway-co-nyappdiv-1901.