Reilly v. New York City Transit Authority

Memorandum. Even if it be assumed that the decedent was contributorially negligent, under the clear and explicit charge of the court, in the light of the physical conditions at the scene of the accident and in reliance on the testimony of the professional safety engineer, the jury was entitled to find that the motorman had actual knowledge of the decedent’s presence and predicament prior to the moment at which he testified that he first saw him and in time to afford a clear opportunity in the exercise of reasonable care to avoid the accident.

The Appellate Division held that if it had not…