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Sherwood v. Fischer

10 N.Y. Sup. Ct. 606 Court N.Y. Sup. Ct. English

Contents

Majority

p. 606
GEORGE SHERWOOD, Respondent, v. WILLIAM L. FISCHER, Appellant.

Headnote

Negligence of apprentice — bond given by master for damages occasioned by—when liable on.
An apprentice in the employ of the defendant, with his assent, took defendant’s > horse and wagon for a ride, and, by his negligence, injured the assignor of the plaintiff. The apprentice was arrested, and, while he was in custody, the defendant appeared, and, after a full statement of the facts had been made, entered, into an engagement in writing, by which he promised to pay a certain sum for the injuries so occasioned. In an action upon this agreement, held, that the defendant was liable thereon.
Appeal from a judgment in favor of the plaintiff, entered upon the verdict' of a jury, and from an order denying a motion
p. 607
for a new trial, made on the minutes of the justice before whom the case was tried.
Otto Meyer, for the appellant.
J. 0. DyTcmam,, for the respondent.

Opinion by Donohue, J.

Present — Babnabd, P. J., and Donohue, J.

Judgment and order affirmed, with costs.