Feinstein v. New York City Transit Authority

The order should be unanimously affirmed, with $25 costs. Evidence that defendant’s employee sanded the subway platform after the alleged occurrence was inadmissible to show negligence and was improperly received. (Getty v. Town of Hamlin, 127 N. Y. 636; Richardson, Evidence [8th ed.], § 173.) It was error to charge that defendant, as a common carrier, owed a greater duty toward passengers than did the City of New York toward pedestrians on a public sidewalk. The duty as to platform is that of ordinary care (Belts v. Buffalo, R. & P. Ry. Co., 222 N. Y. 433; Palmer v. Pennsylvania Co., 111 N.…