New York Court of Appeals

William Ramsey, Appellant v. New York Central Railroad Company, Respondent

November 20, 1935269 N.Y. 219

Summary

The Court of Appeals held that the crane operator remained a servant of the railroad, not a special servant of the construction company, and therefore the railroad was the master liable under respondeat superior. The ICC tariff provision did not alter the master‑servant relationship. The case was remanded for a new trial on the issue of negligence.