Berkey v. Third Avenue Railway Co.

The learned trial court dismissed the plaintiffs’ complaints in these actions on the ground that the defendant was not responsible for the accident here, because, apparently, the court considered that this defendant was not operating the car from which the plaintiff Minnie B. Berkey was alighting at One Hundred and Seventeenth street and Broadway, and while so alighting was injured because of the condition of the street. It appears that she was caused to fall by reason of an excavation to a depth of twenty-six inches from the steps of the car to the ground, and besides because the ground…