Margaret O'Neil, Respondent, v. New York and Queens County Railway Company, Appellant

Margaret O’Neil, Respondent, v. New York and Queens County Railway Company, Appellant. Second Department, October 4, 1907. Carrier — negligence — erroneous charge. In an action against a carrier to recover for personal injuries, it is error to charge that the defendant was bound to carry the plaintiff safely. Appeal by the defendant, the New York and Queens. County . Railway Company, from a judgment of the Municipal Court of the city of New York in favor of the plaintiff, entered upon the verdict of a juj-y in an action to recover.damages for alleged negligence. Van Vechten Veeder and Nathaniel S. Corwin, for the appellant. M. P. O’Connor and George F. Hickey, for the respondent. [MAJORITY — Gaynor, J.:] Gaynor, J.: The plaintiff was hurt.by the negligence of the defendant while it was carrying her as a passenger in its street car, as it is claimed. The tidal .justice persisted in charging the jury that the company was bound to carry her safely. The judgment should be reversed. Woodward, JenKs, Hooker and Rich, JJ., concurred. Judgment of the Municipal Court reversed and new trial ordered, costs to' abide the event,