New York Court of Appeals

Charles H. Dwinelle v. . the New York Central and Hudson River Railroad Company

April 15, 1890120 N.Y. 117

Summary

The New York Court of Appeals reversed the lower court's dismissal, holding that a sleeping‑car porter is the servant of the railroad carrier and that the question of whether the porter was engaged in his duties at the time of the assault must be submitted to the jury. Accordingly, a new trial was ordered.