Cargill v. Duffy

Citations

• 123 F. 721
• 1903 U.S. App. LEXIS 4936

Syllabus

<p>1. Master and Servant—Liability, op Owner op Licensed Cab por Negligence op Driver—Defense op Bailment.</p> <p>Under the ordinances of the city of New York regulating the use of cabs and hacks, which require licenses for both cabs and drivers, and that the cabs shall be numbered and have the name and place of business of the owner and licensee posted therein, and provide that every owner or driver of any hackney cab shall wear conspicuously a metal badge having engraved thereon the words “Licensed Hack” and the number of such licensed hackney cab, “said badge to be issued to and belong to said owner and to be issued by him to any driver representing him and for whom he shall be responsible,” the relation between the owner of a licensed cab, having a corresponding driver’s badge, and a driver whom he puts in charge of such cab and to whom he furnishes the badge, is that of master and servant, so far as relates to passengers or the public, whatever may be their relation as between themselves; and the owner of a licensed cab who lets the same, with a horse and harness, by the day, for a fixed price, to the driver, to whom he also furnishes his badge, cannot avoid liability to a person injured in the street through the negligence of the driver, on the ground that he was merely a bailor.</p> <p>2. Municipal Corporations—Powers op Legislation—Validity of Ordinance.</p> <p>The provisions of the state statute conferring upon the city of New York the power to establish ordinances “not inconsistent with the laws of the state,” by such exception merely inhibit legislation inconsistent with the statutory law applicable to the city, and do not preclude the city from enacting an ordinance, in the exercise of its police powers, because it may change a common-law rule of personal liability prevailing in the state.</p>