Zboynski v. Brooklyn City Railroad

The plaintiff alleged in the complaint that while defendant’s car was at a standstill and he was in the act of entering the same by way of the front platform, the driver thereof “ negligently and carelessly, and without giving the plaintiff any warning or notice, started said car suddenly and violently, throwing plaintiff from said car against the wall of the carhouse ” and injured him. There was a total failure to prove this allegation. The plaintiff himself, when called to tell how the accident occurred, testified that while he was on the first step of the front platform, in the act of…