Lesser v. Manhattan & Bronx Surface Transit Operating Authority

I would affirm the judgment of the Supreme Court which, upon a jury verdict, found defendant 90% responsible for plaintiff’s injuries. Neither the introduction of defendant’s own training manual nor the court’s *358charge on constructive notice deprived defendant of a fair trial.

The facts are not in dispute. The driver of the bus, James Scott, admitted that he made no effort whatsoever to remove the snow and slush which had accumulated on the front steps of his bus from the time he began his run at 8:00 a.m. until the time of the accident at 2:30 p.m. even though he took a break at each end of…