Pickert v. Rochester Transit Corp.

Judgment and order reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event. Memorandum: We feel that under the circumstances of this ease, the court erred in charging the jury that the defendant was called upon to “ exercise the highest degree of care in the operation of the bus”. (See Glick v. New York R. T. Corp., 259 App. Div. 1044; Taddeo v. Tilton, 248 App. Div. 290; O’Brien v. New York Rys. Corp., 185 App. Div. 867; Kelly v. International Ry. Co., 214 App. Div. 652.) The court also erred in charging the jury, without qualification, that in…