Roth v. City of New York

In an action to recover damages for personal injuries sustained by plaintiff, a passenger who had fallen from a subway station platform to the tracks, where he was struck by defendant’s train, the jury awarded plaintiff $20,000. Judgment reversed on the law and the facts and a new trial granted, with costs to appellant to abide the event. The station was 600 feet long. Plaintiff testified that the accident happened 100 feet or less from the easterly end of the station. The defendant’s witnesses testified it happened 120 to 150 feet from the westerly end of the station. The finding implicit in…