Legal Opinion
Bethel v. New York City Transit Authority
New York Court of Appeals
Decided October 15, 1998PublishedCited by 59 opinions
1Opinion of the Court
OPINION OF THE COURT
Levine, J.
Over a century ago this Court adopted its version of the rule which came to prevail at the time in almost all State jurisdictions, imposing the duty upon common carriers of “the exercise of the utmost care, so far as human skill and foresight can go,” for the safety of their passengers in transit (Kelly v Manhattan Ry. Co., 112 NY 443, 450 [emphasis supplied]). New York, however, limited application of the rule of the carrier’s duty of extraordinary care to possible defects “in the road-bed, or machinery or in the construction of the cars, or * * * appliances…
2Cases cited9 opinions
- Basso v. MillerNew York Court of Appeals · 1976
- Lewis v. Metropolitan Transportation AuthorityNew York Court of Appeals · 1984
- Lewis v. Metropolitan Transportation AuthorityAppellate Division of the Supreme Court of the State of New York · 1984
- Eleanor M. Stagl v. Delta Airlines, Inc.Court of Appeals for the Second Circuit · 1995
- Kelly v. Manhattan Railway Co.New York Court of Appeals · 1889
4 more not listed; retrieve them via the Exa API.
3Cited by59 opinions
- Mallet v. PickensWest Virginia Supreme Court · 1999
- Bingham v. New York City Transit AuthorityNew York Court of Appeals · 2003
- Vumbaca v. Terminal One Group Ass'nDistrict Court, E.D. New York · 2012
- Bingham v. New York City Transit AuthorityNew York Court of Appeals · 2007
- Huerta v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2001
54 more not listed; retrieve them via the Exa API.