George Crispin, Respondent v. Benjamin T. Babbitt, Appellant

Summary

The New York Court of Appeals reversed the lower court's judgment, holding that the defendant master was not liable for the plaintiff's injuries because the negligent act was performed by a fellow‑servant acting within his own operative duties, not as the master’s representative. The Court also held that the trial court erred by treating the question of the servant’s representative status as a factual issue rather than a matter of law.