Cohen v. City of New York

Headnote

Negligence — master and servant — motor vehicles — action to recover for death of plaintiff through being struck by motor truck — deviation by driver for own purposes from, route directed by master.

Cohen v. City of New York, 215 App. Div. 382 , affirmed.

Appeal from a judgment entered February 18, 1926, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiffs entered upon a verdict and directing a dismissal of the complaint in an action to recover for the death of plaintiffs’ intestate alleged to have been sustained through the negligence of defendant. Intestate was killed by a motor truck owned by defendant

and driven by one of its employees. After completion of work he had been directed by his foreman to take the truck to the garage. He followed his usual route from the stable toward the garage until he reached First avenue and Twenty-fourth street when, instead of going to the garage in Twenty-fourth street, he proceeded up First avenue to Eightieth street and then west on Eightieth street to Second avenue, where he let friends off the truck whom he had accommodated with a ride. On his return, at Sixty-seventh street and Second avenue, the accident happened.

Judgment affirmed, with costs;