New York Court of Appeals
Margaret Adams, Appellant v. New York City Transit Authority, Respondent
May 2, 199688 N.Y.2d 116
Summary
The New York Court of Appeals affirmed the Appellate Division's dismissal of the plaintiff's claim that the New York City Transit Authority was vicariously liable for an assault by a token booth clerk, holding that the historic Stewart rule of absolute carrier liability is no longer viable and that the clerk's conduct was outside the scope of employment.