Legal Opinion

Adams v. New York City Transit Authority

New York Court of Appeals

Decided May 2, 1996PublishedCited by 55 opinions

1Opinion of the Court

OPINION OF THE COURT

Titone, J.

In 1882, this Court held that a common carrier is liable to passengers for the torts of its employees regardless of whether those torts were committed within or outside the scope of their employment (Stewart v Brooklyn & Crosstown R. R. Co., 90 NY 588). This appeal requires us to determine whether the New York City Transit Authority may be held liable under this holding for injuries sustained by a subway rider as a result of an unprovoked attack by a Transit Authority token booth clerk. Concluding that the liability rule enunciated in 1882 is no longer viable as…

2Cases cited20 opinions

  1. Basso v. MillerNew York Court of Appeals · 1976
  2. Kermarec v. Compagnie Generale TransatlantiqueSupreme Court of the United States · 1959
  3. Riviello v. WaldronNew York Court of Appeals · 1979
  4. Weiner v. Metropolitan Transportation AuthorityNew York Court of Appeals · 1982
  5. Stewart v. . Brooklyn and Crosstown R.R. Co.New York Court of Appeals · 1882

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3Cited by55 opinions

  1. Niece v. Elmview Group HomeWashington Supreme Court · 1997
  2. Niece v. Elmview Group HomeWashington Supreme Court · 1997
  3. Bethel v. New York City Transit AuthorityNew York Court of Appeals · 1998
  4. Bingham v. New York City Transit AuthorityNew York Court of Appeals · 2003
  5. Lauer v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1997

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