New York Court of Appeals

Peter Higgins, Respondent v. the Western Union Telegraph Company, Appellant

May 13, 1898156 N.Y. 75

Summary

The New York Court of Appeals reversed the judgment of the General Term and held that the building owner was not liable under the doctrine of respondeat superior for the elevator conductor's negligence because the conductor was temporarily acting for the contractor, not within the scope of his employment with the owner.