What is the test for determining whether a chauffeur is a "servicant" to a defendant, and if so, is he liable for damages?

"New York", United States of America

The following excerpt is from Bartolomeo v. Charles Bennett Contracting Co., 156 N.E. 98, 245 N.Y. 66 (N.Y. 1927):

In McNamara v. Leipzig, supra, the owner of an automobile, for an agreed price, rented the same to the defendant, and furnished the services of a chauffeur, for the period of three months. The car was to be used by the defendant at any hour of the day or night as desired by him. The owner agreed to pay the wages of the chauffeur, to furnish all gasoline and supplies, and to pay for all repairs to the automobile. It was held that the chauffeur was not the servant of the defendant, and that the defendant was not liable for damages caused by his negligence. The court said:

Other Questions


What is the test for determining whether a defendant has considered each of the factors that determine whether they have been found liable for damages? (MultiRegion, United States of America)
What is the test for determining whether a party’s intention is a determining factor in determining whether there is a contract for services? (Canada (Federal), Canada)
What is the test for a court to determine whether a plaintiff has jurisdiction to bring a claim for damages against a defendant who is also a defendant in a civil case? (MultiRegion, United States of America)
What is the test for determining whether age was a determining factor in determining whether a plaintiff should be retained or discharged? (MultiRegion, United States of America)
What is the test for determining whether a defendant is liable for the misconduct alleged? (MultiRegion, United States of America)
What is the test for determining whether a defendant is liable under Section 1983 of the Federal Trade Code for failing to comply with the Trade Union Guidelines? (MultiRegion, United States of America)
What is the test for a jury to determine whether a defendant can be held liable for using section 1058 of the Civil Code of Civil Procedure? (MultiRegion, United States of America)
When there has not been a psychiatric evaluation, hearing or judicial determination of competence, when there has been no evidentiary review of the record, what is the test for determining whether defendant Lowenstein is competent to stand trial? (MultiRegion, United States of America)
Does a defendant's right to a jury trial extend to the factual determination of whether that defendant has suffered a prior conviction? (MultiRegion, United States of America)
In determining whether to depart upwards under Section 4A1.3 of the Criminal Code, can a defendant's prior arrest record be used to determine if they have a criminal record? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.