Richardson v. Nassau Electric Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Nassau Electric Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 7th day of November, 1918, upon the verdict of a jury for $10,000.
1Per curiam
We think the learned trial justice erred in his instructions to the jury as to the degree of care to be exercised by the motorman operating appellant’s trolley car. He told the jury that the duty of the defendant owner of the truck which collided with the car was “ ordinary, reasonable diligence to see to it that no conduct on the part of its driver should bring injury to the passenger * * * in this car; while on the other hand, the care of the railroad company was that of a very high degree, because a passenger entrusts his person to the carrier and does not control the operation of the…
2Cases cited2 opinions
- O'Brien v. New York Railways Co.Appellate Division of the Supreme Court of the State of New York · 1919
- Schwickert v. LevinAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by4 opinions
- People v. GezzoNew York Court of Appeals · 1954
- Thomas v. Central Greyhound Lines, Inc.Appellate Division of the Supreme Court of the State of New York · 1958
- Grauer v. StateNew York Court of Claims · 1959
- Vogel v. StateNew York Court of Claims · 1953