Edine v. New York Rapid Transit Corp.

Appellate Division of the Supreme Court of New York

Edine v. New York Rapid Transit Corp.

260 A.D. 872, 22 N.Y.S.2d 916, 1940 N.Y. App. Div. LEXIS 5165

Appellate Division of the Supreme Court of the State of New York·Decided October 15, 1940·Published

Opinion

Action to recover damages for personal injuries sustained by plaintiff wife when she tripped and fell on an alleged defective step on a subway stairway, and by her husband to recover for medical expenses and loss of [873]*873services. Judgment reversed on the law and a new trial granted, with costs to appellant to abide the event. It was error for the court to charge that it was the duty of the defendant “ to use its utmost skill and vigilance to guard against the possibility of accidents from the condition or defective condition of its road, stairways and platforms * * Lazansky, P. J., Carswell, Johnston, Taylor and Close, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Action to recover damages for personal injuries sustained by plaintiff wife when she tripped and fell on an alleged defective step on a subway stairway, and by her husband to recover for medical expenses and loss of [873]*873services. Judgment reversed on the law and a new trial granted, with costs to appellant to abide the event. It was error for the court to charge that it was the duty of the defendant “ to use its utmost skill and vigilance to guard against the possibility of accidents from the condition or defective condition of its road, stairways and platforms * * Lazansky, P. J., Carswell, Johnston, Taylor and Close, JJ., concur.

Edine v. New York Rapid Transit Corp., 260 A.D. 872, 22 N.Y.S.2d 916, 1940 N.Y. App. Div. LEXIS 5165 (N.Y. Ct. App. 1940).

Pincite

260 A.D. 872 (Edine v. New York Rapid Transit Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.