Vroman v. Houston, West Street & Pavonia Ferry Railroad

Ehrlich, Ch. J.

On the evening of June 13,1892, the plaintiff, with some friends, boarded an open summer car of the defendant having steps running along upon the outside. The plaintiff stood for a time on the rear platform, smoking. As the car neared Forty-second street some people got out, and the plaintiff undertook to proceed along the side step to occupy one of the seats vacated. The change was voluntary on his part, and while he was attempting to consummate it his head was brought in contact with an elevated railroad column and badly injured.

At the trial the complaint was dismissed on…