Legal Opinion
Voorhis v. Consolidated Rail Corp.
New York Court of Appeals
Decided November 22, 1983PublishedCited by 16 opinions
1Opinion of the Court
OPINION OF THE COURT
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 defendant only a gratuitous bailee, liable only for gross negligence. But even as to a gratuitous bailee the failure to return the object bailed establishes a prima…
2Cases cited6 opinions
- Claflin v. . MeyerNew York Court of Appeals · 1878
- Dalton v. Hamilton Hotel Operating Co., Inc.New York Court of Appeals · 1926
- Castorina v. RosenNew York Court of Appeals · 1943
- Fidelity & Guaranty Insurance Corp. v. BallonAppellate Division of the Supreme Court of the State of New York · 1952
- Hasbrouck v. New York Central & Hudson River RailroadNew York Court of Appeals · 1911
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- United States v. Ruben PereaCourt of Appeals for the Second Circuit · 1993
- Isik Jewelry v. Mars Media, Inc.District Court, E.D. New York · 2005
- Roth v. Black Star Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1997
- Reed v. Cornell UniversityAppellate Division of the Supreme Court of the State of New York · 2016
- Fada Industries, Inc. v. Falchi Building Co.New York Supreme Court · 2001
11 more not listed; retrieve them via the Exa API.