Biniewski v. City of New York

Shortly after midnight on July 31, 1941, William J. Biniewski, plaintiff’s intestate, while intoxicated, was sleeping on a maintenance box located on the southbound platform of the One Hundred and Eightieth Street and Morris Park Avenue station of the municipal subway system operated by the defendant. The railroad structure and the station platform are elevated above the street at that point.

In defendant’s employ as a special officer was one Benjamin Mistofsky who, with some difficulty, aroused Biniewski and attempted to “ walk him ” off the platform. Biniewski resisted and, in the course of…