Ebanks v. New York City Transit Authority

Plaintiff was injured when his foot became caught in a space between the step and side of an escalator at the Bowling Green station of the IRT subway. The case was submitted to the jury with a res ipsa loquitur charge that negligence of the defendant could be inferred from the mere presence of the space or gap.

The inference of negligence on the part of defendant was not the only one which could fairly and reasonably be drawn from the evidence, and the trial court, therefore, improperly charged res ipsa loquitur. (See, Feblot v New York Times Co., 32 NY2d 486.) The jury reasonably could have…