New York Court of Appeals

Patrick King v. . the New York Central and Hudson River Railroad Company

May 23, 187666 N.Y. 181

Summary

The New York Court of Appeals held that the railroad company was not liable for the plaintiff’s injuries because the contractor Dillon was an independent contractor, not a servant, and because the company owed no duty to repair the derrick absent a contractual obligation. The trial court’s judgment was reversed and a new trial was ordered.