VOORHIS v. CONSOL. RAIL CORP.


60 N.Y.2d 878 (1983)

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

Court of Appeals of the State of New York.

Decided November 22, 1983.


Attorney(s) appearing for the Case

Robert S. Stitt and Paul V. Nunes for appellant.

Cora T. Walker and Lawrence R. Bailey, Jr., for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Whether the usher, Pereira, was acting within the scope of his employment in agreeing to watch plaintiff's suitcase, whether he did so agree and whether defendant through Pereira was guilty of gross negligence, were, under the testimony presented, questions of fact for the jury.

The bailment, if found by the jury, would constitute...

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