Voorhis v. Consolidated Rail Corp.

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 entrance. Mason, the plaintiff’s niece, allegedly asked Pereira to watch the suitcase and he allegedly said yes. Mason left the suitcase right next to Pereira. Pereira did…