Gartland v. New York Zoological Society

Seabury, J.

(concurring). In my opinion, the evidence shows that the plaintiff was injured solely through the negligence of the servants of the defendant. The doctrine of respondeat superior is, therefore, applicable to this case, even though the defendant is, as it claims, a charitable corporation. Kellogg v. Church Charity Foundation, 128 App. Div. 214.

The judgment appealed from should be affirmed, with costs.

Judgment affirmed, with costs.