New York Court of Appeals

John C. Ham, Appellant v. the Mayor, Aldermen and Commonalty of the City of New York, Respondent

September 18, 187770 N.Y. 459

Summary

The Court affirmed the General Term's order setting aside the verdict, holding that the City of New York is not liable for the negligence of employees of the Department of Public Instruction because the department's officers are not the city's servants or agents and the doctrine of respondeat superior does not apply.