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Gladd v. Brooklyn, Queens County & Suburban Railroad

105 N.Y.S. 1117 Court N.Y. App. Div. Decision date 1907-06-07 English

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Majority

p. 1117
GLADD, Respondent, v. BROOKLYN, Q. C. & S. R. CO., Appellant.
(Supreme Court, Appellate Division. Second Department.
June 7, 1907.)

Headnote

Action by Edmund J. Gladd against the Brooklyn, Queens County & Suburban Railroad Company.

Judgment and order of the County Court of Queens county reversed, and new trial ordered, costs to abide the event, for error in the charge at folio 303, to the effect that the measure of the defendant’s duty with respect to the plaintiff while on the highway was the exercise of the highest degree of care and prudence and the utmost skill and foresight.