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Glick v. New York Rapid Transit Corporation

Appellate Division of the Supreme Court of New York, Second Department
Jun 24, 1940
259 App. Div. 1044 (N.Y. App. Div. 1940)

Opinion

June 24, 1940.


In an action to recover damages for personal injuries sustained by plaintiff-wife, who claims to have been thrown to the floor of a subway car in which she was a passenger, due to a sudden and violent jerk of the train, and by the executrix of the estate of the injured woman's husband for loss of services and medical expenses, judgment in favor of plaintiffs reversed on the law and a new trial granted, with costs to abide the event. The trial court erred in charging the jury, under the circumstances of this case, that defendant had the duty to exercise the highest degree of care and caution in the operation of its train that human skill and prudence could suggest. ( Stierle v. Union Railway Co., 156 N.Y. 70; Id. 684; Brennan v. Brooklyn Queens T. Corp., 258 App. Div. 1055.) Lazansky, P.J., Carswell, Adel, Taylor and Close, JJ., concur.


Summaries of

Glick v. New York Rapid Transit Corporation

Appellate Division of the Supreme Court of New York, Second Department
Jun 24, 1940
259 App. Div. 1044 (N.Y. App. Div. 1940)
Case details for

Glick v. New York Rapid Transit Corporation

Case Details

Full title:SOPHIA GLICK, as Executrix, etc., of SAMUEL GLICK, Deceased, and SOPHIA…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 24, 1940

Citations

259 App. Div. 1044 (N.Y. App. Div. 1940)

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