Knych v. Trustees of New York, New Haven & Hartford Railroad

This is an action for personal injury suffered by the plaintiff while a passenger in one of the defendants’ trains within the limits of New York city on August 28, 1943. The trial judge directed a verdict for the defendants on each count. The plaintiff excepts.

Although the accident occurred within the State of New York, it does not appear that the law of New York was in *340any way brought to the attention of the trial judge, and it has not been argued here. Therefore G. L. (Ter. Ed.), c. 233, § 70, does not require us to undertake an original examination of that law, and, the action being at…