Torts · MBE-tested

Walter Gutzmer, by Mathilda Gutzmer, His Guardian ad Litem, Respondent, v. Millham Realty Company, Appellant, Impleaded with Another

190 A.D. 926·New York Supreme Court, Appellate Division·1919·NY

Brief incoming

Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.

Opinion

Walter Gutzmer, by Mathilda Gutzmer, His Guardian ad Litem, Respondent, v. Millham Realty Company, Appellant, Impleaded with Another. [MAJORITY] Judgment and order reversed and new trial granted, with costs to appellant to abide event. Held, that inasmuch as the relationship of master and servant did not exist between the plaintiff and the defendant, negligence cannot be predicated upon the failure to promulgate rules; that such issue having been submitted to the jury, its submission was error, requiring reversal. All concur.