New York Court of Appeals

Arthur M. Eastland, Appellant v. Mary H. Clarke, Respondent

January 22, 1901165 N.Y. 420

Summary

The Court reversed the lower court's judgment and remanded for a new trial, holding that contributory negligence is a factual issue for the jury, that the master owed a duty to warn the servant of the hidden well, and that the safety of the cellar was likewise a factual question. The master’s liability was not avoided by delegating duties to the butler, who acted as the master’s alter ego.