Dunn v. Murray

The plaintiff Fannie Dunn fell into a space between the car platform and the station platform of the subway , at One Hundred and Tenth street and Lenox avenue. There was a curve on the platform at the place where plaintiff attempted to board the "train. At this point there was a space of twelve inches between the station platform and the car platform. On this proof the defendant moved for a dismissal of the complaint without offering any evidence. Decision was reserved.

Plaintiff in her memorandum cites two cases in support of her theory of defendant’s negligence and her own freedom from…