Boettcher v. Best & Co.

Headnote

Negligence — master and servant- — when master not liable for result of forbidden act of employee.

Boettcher v. Best & Co., Inc., 203 App. Div. 574 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 27, 1922, reversing a judgment in favor of plaintiff entered upon a verdict and directing judgment in favor of defendant upon the merits in an action to recover for personal injuries alleged to have

been sustained by plaintiff through the negligence of employees of defendant. Plaintiff, a truckman, was crushed between the rear of his truck, which he was in the act of unloading, and defendant’s automobile delivery car. Defendant’s chauffeur was absent from the scene at the time of the accident. His helper, regularly employed as such by defendant, had been left in charge of the car. He had been instructed not to operate the car, even if directed to do so by a police officer, and printed regulations to that effect had been posted in defendant’s place of business and called to his attention. He nevertheless attempted to operate the car in order to back it up, but became confused and ran it forward, striking plaintiff and inflicting serious injuries.