Brennan v. Brooklyn & Queens Transit Corp.

In an action to recover for personal injuries sustained by the substituted plaintiffs’ intestate, who was a passenger seated in defendant’s trolley car, and whose arm came in contact with a truck which the trolley car was passing, judgment entered on the verdict of a jury in favor of plaintiffs’ intestate reversed on the law and the facts and a new trial granted, with costs to abide the event. (1) Under the facts in this case a motorman’s duty is not to be measured by a very high degree of care but by the care of a reasonably prudent man under the circumstances. (2) Although counsel for…