Quinn v. New York City Railway Co.

It was clearly error to have excluded the city ordinance. Kroder v. Interurban St. Ry. Co. (Sup.) 91 N. Y. Supp. 341. Of course, its admission would not have been determinative of the question of the motorman’s care or negligence, because mere possession of the right of way does not give the driver of a vehicle license to omit all care in the avoidance of collisions. But the defendant was entitled to lay the ordinance before the jury as bearing upon the degree of caution imposed upon the motorman under the circumstances. So, too, it was erroneous to charge the jury as a matter of law that…