Lawlor v. French

BISCHOFF, J.

I concur. That we cannot inquire into the weight of the evidence upon this motion, see Sheridan v. Mayor, etc. (Com. Pl.) 33 N. Y. Supp. 71; and that for the negligence of a servant, resulting in injury to another, both master and servant may be held answerable, see Mayer v. Building Co. (Ala.) 16 South. 620; Peck v. Cooper, 54 Am. Rep. 231; Wright v. Wilcox, 19 Wend. 343; Montfort v. Hughes, 3 E. D. Smith, 591; Phelps v. Wait, 30 N. Y. 78; Suydam v. Moore, 8 Barb. 358.