New York Court of Appeals
Charles F. Sharp, as Administrator of the Estate of George Sharp, Deceased, Appellant v. Erie Railroad Company…
February 13, 1906184 N.Y. 100
Summary
The New York Court of Appeals reversed the nonsuit and ordered a new trial, holding that whether the railroad's detective acted within the scope of his employment is a factual question for the jury. The court also held that the detective's credibility as an interested witness is for the jury to assess, not for the court to decide.