¶1I may add to Mr. Justice Kelly’s opinion that all of us agree that the obligation of care towards another does not rest on money or gain. I think the responsibility fur the chauffeur’s driving a motor car is part of that wide rule, necessary for public safety, that an owner and employer should answer for those to whom he intrusts such property with its operation and the means of inflicting injury. Respondeat superior, therefore, is not a formula to be put on or off at a judge’s pleasure. It is a safeguard for the individual, becoming increasingly essential under modem conditions, I concur to affirm.
183 A.D. 701
Lowell v. Williams
Appellate Division of the Supreme Court of the State of New York
Decided May 17, 1918
Appellate Division of the Supreme Court of the State of New York · decided 1918-05-17
Reargument of an appeal by the defendant, Harriet T. Williams, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Nassau on the 16th day of May, 1917, upon the verdict of a jury for $4,000.
Decided 1918-05-17