Samuel v. Wanamaker

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

Decided September 15, 1905

Appellate Division of the Supreme Court of the State of New York · decided 1905-09-15

Appeal by the defendants, John Wanamaker and others, doing business under the firm name and style of John Wanamaker, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of FTew York on the 6th day -of May, 1903, upon the verdict of a jury for $1,000, and also from an order entered in said clerk’s office on the 15th day of May, 1903, denying the defendants’ motion for a new trial made upon the minutes.

Decided 1905-09-15

Hatch, J. (concurring):

¶1I concur with Mr. Justice Ingraham in his opinion in this case save in one respect. Miss Clancey was in the employ of Wanamaker; she did the searching of the plaintiff and was confessedly acting for the defendants, so that they were liable for her acts. What she did involved .a restraint of the plaintiff’s person. Therefore a question was presented for the jury. The case, however, was not tried upon this theory. For the act of Blades I do not think the defendants were liable. There should, therefore, be a new trial.

¶2Judgment and order reversed, new trial ordered, costs to appellants to abide event.