| Venue: | NY Ct. App. |
| Facts: | Bethel gets hurt when a bus wheelchair seat collapses under him. The repair record suggests that there might have been something wrong with the seat, and Bethel contends the transit authority should have been vigilant about inspection. |
| Posture: | Finding for plaintiff at trial; Appellate division affirms. |
| Issue: | Does the transit authority, by virtue of being a common carrier, owe a duty of the highest care? (was the jury instruction about highest care proper?) |
| Holding: | No. That rule is no longer viable, and the duty of ordinary care under the circumstances is all that matters. The instruction about high standard of care was prejudicial. New trial. |
| Rule: | The traditional standard of negligence applies to common carriers. |
| Reasoning: | The old rule developed because steam railroads were causing so many injuries. We wanted less litigation (i.e., clear standards), and less injury (incentive to be careful). Those motivators no longer apply, since public transport is just as safe as anything else. In the meantime, we like the "reasonable person" test, because it pre-supposes a uniform standard of behavior, and that's sufficient. |
| Dicta: | |