Ellen A. Kelly, as Administratrix v. the Manhattan Railway Company, Appellant

Summary

The New York Court of Appeals reversed the lower court's judgment, holding that a railroad corporation owes only ordinary care, not the highest degree of care, with respect to stairways and platforms in adverse weather. Accordingly, the failure to spread ashes or sawdust on the steps during a storm was not negligence, and the jury instruction that the defendant must use all human care was erroneous, warranting a new trial.