Sarah S. Smith v. . the New York and Harlem Railroad Company.

Summary

The New York Court of Appeals affirmed the judgment, holding that the defendant railroad was liable to the plaintiff for the negligence of its switch‑tender because the plaintiff was not a servant of the defendant and the fellow‑servant rule did not apply. The court also held that the defendant owed a duty to keep the track safe, including adopting known safety improvements, and breached that duty. Justice 030concurrence concurred, emphasizing the same conclusions.