New York Court of Appeals

Blake Against Ferris and Others .

July 5, 18515 N.Y. 48

Summary

The New York Court of Appeals reversed the judgment for the plaintiff and ordered a new trial. It held that the defendants, who obtained a license to construct a sewer, were not liable to third persons for the negligence of the contractor's servants because the rule of respondeat superior applies only to the immediate employer. The provision in the license requiring guards and lights does not expand the defendants' liability.