Kirwan v. Foos

Headnote

Negligence — master and servant — domestic servant injured while being driven in master’s automobile by his chauffeur at direction of her mistress.

Kirwan v. Foos, 221 App. Div. 858 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 2, 1927, 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’s" testator, who was the original defendant but died after entry of judgment on the verdict. Plaintiff was employed as a laundress in testator’s household. Requiring medical

attention, her mistress, testator’s wife, took her to a doctor in testator’s automobile, driven by a chauffeur in his employ. The doctor told plaintiff to call again the next day and testator’s wife directed the chauffeur to take her in the automobile. On the way she received the injuries complained of as the result of a collision occurring, as alleged, through the negligence of the chauffeur.