Hand v. Penn Central Transportation Co.

Concur — Capozzoli, McGivern, Markewich, JJ.; Stevens, P. J., and Eager, J., dissent in the following memorandum by Stevens, P. J.: We dissent in that we would modify to direct a new trial, unconditionally, on all issues. Eliciting from the State Trooper, over objection, that he had investigated other fatalities at the crossing here involved without ■ first showing that the circumstances attending such accidents were sufficiently similar to prevailing relevant conditions, as determined by the issues, was prejudicial error (Kaplan v. City of New York, 6 A D 2d 489, 491). Requisite proof of…