Rosario v. New York City Transit Authority

In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from a judgment of the Supreme Court, Kings County, entered February 23, 1979, which was in favor of defendant and against them, upon a jury verdict. Judgment reversed, without costs or disbursements, and new trial granted. Reversal is required because the trial court’s charge to the jury on "emergency” failed to make it clear that the change in the color of the traffic signal facing the defendant’s *913bus driver could not be treated as creating an "emergency”. In addition, the court erred in its instruction…