Trudell v. New York Rapid Transit Corp.

In an action to recover damages for the death of plaintiff’s intestate due to the alleged wrongful act or neglect of the defendant, it appeared that the decedent, with other boys, went on the back platform of the defendant’s elevated railroad train; and that he was thrown or fell through a gate that became opened in some manner not described. The gate would open only if a lever was pulled up by the hand — otherwise the gate is locked, and cannot be opened. At the close of the evidence the defendant’s motion for a directed verdict was granted, evidently on the grounds that the decedent was on…