Interborough Rapid Transit Co. v. City of New York

The action is brought by the Interborough Rapid Transit Company against the city of New York to determine as between the parties who should pay the damages arising out of the death of a pedestrian resulting from injuries received by the opening of a subway emergency exit door in the sidewalk.

Judgment for said damages was recovered against the plaintiff. Plaintiff paid said judgment and now sues to recover over from the defendant the amount so paid, upon the ground that the accident occurred solely through the negligence of this defendant.

The facts are that the city, through its bureau of…