New York Court of Appeals

Mary Isaacs, Respondent v. the Third Avenue Railroad Company, Appellant

December 22, 187147 N.Y. 122

Summary

The New York Court of Appeals reversed the judgment for the railroad, holding that the conductor of a street railroad car is not a driver within the statutory definition and that the railroad is not liable for the conductor's intentional, willful trespass because it was outside the scope of employment.