O'Brien v. New York Railways Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, New York Railways Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 15th. day of March, 1918, upon the verdict of a jury for $3,500, and also from an order entered in said clerk’s office on the 14th day of March, 1918, denying defendant’s motion for a new trial made upon the minutes.
1Concurrence
Clarke, P. J. (concurring):
For many years I have been of the opinion that to grade negligence and care into degrees was unscientific, difficult in application and troublesome in the actual conduct of litigation. Negligence is the failure to exercise the care which the circumstances of the particular case require.
I, therefore, agree in the reasoning of the opinion of Mr. Justice Page. But this is an intermediate court. I feel that we have no right to disregard the many cases in the Court of Appeals which have discussed degrees of care and attempt to establish a rule of universal application…
2Cases cited13 opinions
- Dodge v. Boston & Bangor Steamship Co.Massachusetts Supreme Judicial Court · 1889
- Bowen v. . New York Central Railroad Company.New York Court of Appeals · 1858
- Palmer v. . D. H.C. Co.New York Court of Appeals · 1890
- Brown v. . N.Y.C.R.R.New York Court of Appeals · 1865
- Ayers v. . Rochester Railway Co.New York Court of Appeals · 1898
8 more not listed; retrieve them via the Exa API.