Murray v. Dwight

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

Decided March 15, 1897

Appellate Division of the Supreme Court of the State of New York · decided 1897-03-15

Appeal by the plaintiff, J. Francis Murray, an infant, by Catherine C. Murray, his guardian ad litem, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Albany on the 5th day of February, 1896, upon a nonsuit granted by the court after a trial at a Trial Term of the Supreme Court held in and for the county of Albany.

Relies on Hasty v. Sears · 5 E.H. Smith 411 - McInerney v. President, Managers & Co. of Delaware & Hudson Canal Co.

Decided 1897-03-15

Herrick, J. (dissenting):

¶1I think that within the cases of Hasty v. Sears (157 Mass. 123) and McInerney v. D. & H. C. Co. (151 N. Y. 411) Murray was the fellow-servant with the employees of the defendant, and that his employment was continuous from the time he was engaged at the first store or building down to the time of the accident.

¶2The time during which he passed from one building to the other, and while he was waiting for the arrangement of the tackle, constituted no break in his employment or change in the legal relationship between himself and the other people engaged in the work, and that, therefore, the judgment should be affirmed.

¶3Judgment reversed and a new trial granted, costs to abide the event.