New York Court of Appeals

Alice McCosker v. the Long Island Railroad Company, Appellant

February 8, 188184 N.Y. 77

Summary

The New York Court of Appeals reversed the lower court's judgment and ordered a new trial, holding that the yardmaster was a fellow‑servant of the deceased and his negligent act was not a duty owed by the railroad master, thus the employer was not liable for the death. The court applied the fellow‑servant doctrine articulated in Crispin v. Babbitt.