Barad v. New York Rapid Transit Corp.

Lewis (John M.), J.

In this action plaintiff sues the defendant, admittedly a common carrier and the operator of a subway railroad in Brooklyn, N. Y., as the aftermath of an occurrence in which the plaintiff claims he was, without cause or provocation, assaulted by defendant’s employee while a passenger on its subway train.

While it appeared that the issues in the action would be tried on the proofs of both parties, the defendant elected to rest at the close of the plaintiff’s case and moved for a directed verdict. Plaintiff joined in this motion, thus leaving the issues to be determined by the…