Trent v. International Railway Co.

! Edgcomb, J. (dissenting).

I cannot concur in the decision about to be rendered. I place my dissent upon an error in the charge relating to the duty of the motorman in the operation of his car. Subdivision 12 of section 81 of the Vehicle and Traffic Law, relating to the duty of the driver of a vehicle or street surface car upon approaching a hospital, firehouse or school, was read to the jury, and they were told that the motorman was bound to operate Ms car “ in accordance with the statute with extreme care.”

■ The respective plamtiffs were not persons for whose protection this provision of…