Question: While Mrs. Voorhis was buying a train ticket, her niece took Mrs. Voorhis's suitcase, containing $34,000 worth of jewelry, to the track from which the train was to depart. She asked a train usher if he would watch the suitcase while she helped her aunt. The usher agreed and the niece left the suitcase with him. When she returned a few minutes later, the suitcase was gone. The usher claimed he did watch the suitcase but was called away, and when he returned, the suitcase was gone. Mrs. Voorhis sued the railroad, which defended the case on the grounds that the usher was a gratuitous bailee and the railroad could be held liable if there was gross negligence, of which there was no proof. Was this defense correct? (Voorhis v. Consolidated Rail Corp., N.Y. 92 A.D.2d 501)