Rivera v. New York City Transit Authority

Sullivan and Smith, JJ.,

dissent in a memorandum by Smith, J., as follows: I would reverse the judgment because (1) the trial court refused to charge on the law which is applic*136able when a motorman is faced with an emergency situation; (2) the jury verdict was against the weight of the evidence; (3) the court permitted the jury to consider more than 150 rules and regulations with no guidance, including a rule which the Court of Appeals has held is inadmissible; and (4) the award was excessive.

Plaintiffs husband, Milton Rivera (Rivera) was struck and killed by a train when he fell from a…