In the Matter of the Claim of Charlotte B. Babington, Respondents, Against Yellow Taxi Corporation…

Summary

The New York Court of Appeals affirmed the order finding Yellow Taxi Corporation liable for the death of its chauffeur, Babington, who was killed while obeying a police officer's command to chase a suspect; the court held that the driver remained within the scope of his employment despite the police direction. Justice Kellogg dissented, arguing the driver became a servant of the police and the employer should not be liable, while Justice O’Brien concurred in the result but emphasized the hazard was incidental to the chauffeur’s general employment.