Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Wirth v. Gabry

New Jersey Supreme Court


Decided: February 6, 1939.

CHARLES A. WIRTH, PLAINTIFF-APPELLANT,
v.
L. SIGMUND GABRY AND THADDEUS GABRY, DEFENDANTS-RESPONDENTS

On appeal from a judgment of the Supreme Court, whose opinion is reported in 120 N.J.L. 432.

For the appellant, Herbert A. Kuvin.

For the respondent L. Sigmund Gabry, William Krueger.

Per Curiam.

The judgment of the Supreme Court is affirmed, for the reasons stated in the deliverance of Mr. Justice Porter.

It suffices to add that the doctrine of respondeat superior rests upon the relation of master and servant. In the doing of the negligent act, the servant must be engaged in his master's affairs or business. Doran v. Thomsen, 76 N.J.L. 754; Missell v. Hayes, 86 Id. 348; Flanigan v. Guggenheim Smelting Co., 63 Id. 647, 663; Evers v. Krouse, 70 Id. 653; Ceslak v. Krause, 108 Id. 350; Schank v. Cerniglia, 113 Id. 306. This disposes of the point made by appellant.

For affirmance -- THE CHIEF JUSTICE, PARKER, HEHER, HETFIELD, DEAR, WELLS, WOLFSKEIL, RAFFERTY, WALKER, JJ. 9.

For reversal -- THE CHANCELLOR, TRENCHARD, BODINE, PERSKIE, JJ. 4.

19390206


Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.