Ulm v. Western Union Telegraph Co.

Appellate Division of the Supreme Court of New York

Ulm v. Western Union Telegraph Co.

258 A.D. 776, 14 N.Y.S.2d 841, 1939 N.Y. App. Div. LEXIS 6840

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

DecidedOctober 4, 1939

StatusPublished

Cited by4 cases

This text of 258 A.D. 776 (Ulm v. Western Union Telegraph 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.

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Ulm v. Western Union Telegraph Co., 258 A.D. 776, 14 N.Y.S.2d 841, 1939 N.Y. App. Div. LEXIS 6840 (N.Y. Ct. App. 1939).

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Opinion

Judgment and order affirmed, with costs. Memorandum: Even under the court’s charge as given, the jury could find that the defendant’s messenger boy was on the business of defendant at the time of the accident. The boy’s superior officer did not instruct him to return to defendant’s office after delivering his last message for the day, but told him to go to his home and spend the night before coming back to the office to turn in his uniform; and it was while going from the place where the message was delivered to his home that the messenger had the accident which injured plaintiff. Furthermore, the messenger’s duties, in connection with the delivery of the message, were not completed until he made the report which is in the record. All concur. (The judgment is for plaintiff in a negligence action. The order denies a motion for a new trial.) Present — Crosby, Lewis, Cunningham, Taylor and Dowling, JJ.

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Judgment and order affirmed, with costs. Memorandum: Even under the court’s charge as given, the jury could find that the defendant’s messenger boy was on the business of defendant at the time of the accident. The boy’s superior officer did not instruct him to return to defendant’s office after delivering his last message for the day, but told him to go to his home and spend the night before coming back to the office to turn in his uniform; and it was while going from the place where the message was delivered to his home that the messenger had the accident which injured plaintiff. Furthermore, the messenger’s duties, in connection with the delivery of the message, were not completed until he made the report which is in the record. All concur. (The judgment is for plaintiff in a negligence action. The order denies a motion for a new trial.) Present — Crosby, Lewis, Cunningham, Taylor and Dowling, JJ.

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Bluebook (online)

258 A.D. 776, 14 N.Y.S.2d 841, 1939 N.Y. App. Div. LEXIS 6840, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ulm-v-western-union-telegraph-co-nyappdiv-1939.

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