Killilea v. . Morgan

Decided October 29, 1918

New York Court of Appeals · decided 1918-10-29

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered May 10, 1917, unanimously affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant, his employer. Defendant had a country home on a small island off the north shore of Long Island. It was approached by a causeway.

Relies on Henry v. . Hudson Manhattan R.R. Co. · Connolly v. . Hall Grant Construction Co.

Decided 1918-10-29

Per Curiam.

¶1 We think that McGregor, the superintendent of the estate, must be deemed the alter ego of the defendant, and that for his negligence in failing to correct the‘dangerous condition after notice of its existence, the defendant is responsible (Henry v. Hudson & M. R. R. Co., 201 N. Y. 140; Connolly v. Hall & Grant Const. Co., 192 N. Y. 182, 187).

¶2 The judgment should be affirmed with costs.

¶3 Hiscock, Ch. J., Chase, Hogan, Cardozo, Pound, McLaughlin and Andrews, JJ., concur.

¶4 Judgment affirmed.