Frank Cereste v. The New York, New Haven and Hartford Railroad Company

(concurring) .

Judge HINCKS and I concur in the result reached by Judge FRANK in his opinion for the Court. However, our reasons for affirming the admission of certain evidence introduced by the plaintiff and objected to by the defendant differ sufficiently from those of Judge FRANK and from those of each other so that I think it not inappropriate to append a separate statement of my views.

The evidence in question falls into four categories: (1) evidence concerning the general practice or custom of the defendant during and prior to April, 1949, when the injury sued upon occurred, of making…