Lebron v. New York City Transit Authority

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs to abide the event, and the case remitted to Supreme Court for a new trial.

The trial court charged the jury without exception that the provision in the free pass, on which plaintiff was riding at the time of the accident, exempting defendant from liability would be binding on plaintiff if she had received the pass as a gratuity, but not binding if it had been received by her as part of her compensation. The burden on this issue rested on defendant. We find no evidence in the record that the pass…