VOORHIS v. CONSOL. RAIL CORP.


92 A.D.2d 501 (1983)

Charlotte C. Voorhis, Appellant, v. Consolidated Rail Corporation, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

February 17, 1983


Asch, J. (concurring).

On this appeal, the only challenge to the verdict in favor of the defendant is that the court erroneously instructed the jury with respect to respondeat superior, notice, burden of proof and contributory negligence. Essentially, there is no dispute about the facts. However, it may be helpful to emphasize certain aspects of what transpired. Raphael Pereira, an employee of Conrail, was the attendant at the appropriate train...

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