Frank P. Charles, as Administrator of the Estate of Bernard Charles, Deceased, Appellant v. William M. Barrett, as…

Summary

The New York Court of Appeals affirmed the lower court's judgment, holding that the express company was not liable for the death caused by the driver of a motor van supplied by an independent trucking owner. The Court reasoned that the driver remained the servant of the truck owner, and no new employer relationship was created that would impose a duty on the express company.