Schwartz v. Brooklyn & Queens Transit Corp.

Plaintiff was about to board defendant’s trolley ear at a street intersection. She slipped and fell upon some ice which extended from four to five feet from the ear track toward the curb and was six feet in width. There was other testimony showing that the ice was hilly and was in existence the day before. There were other places along the track nearby which were free of ice. The complaint was dismissed at the close of plaintiff’s ease on the ground that the cause of action alleged in the complaint was not proved and that plaintiff was guilty of contributory negligence as a matter of law. The…