FEINSTEIN v. NEW YORK CITY TR. AUTH.


17 Misc.2d 45 (1958)

Mollie Feinstein et al., Appellants, v. New York City Transit Authority, Respondent.

Supreme Court, Appellate Term, Second Department.

December 8, 1958.


Attorney(s) appearing for the Case

First & First (Henry First of counsel), for appellants.

Daniel T. Scannell and Solomon Tanzer, for respondent.

Concur — PETTE, HART and BROWN, JJ.


Per Curiam.

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...

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