Armour v. Interborough Rapid Transit Co.
Appellate Terms of the Supreme Court of New York
Appeal by plaintiff from a judgment of the City Court of the city of New York, dismissing the complaint at the close of plaintiff’s case.
1Opinion of the CourtBijur, J.
Plaintiff testified that while in the act of stepping from the platform of an elevated railroad station and One Hundred and Forty-ninth street and Third avenue onto the platform of the car, after the. gate of the train had been opened, “ the train joggled and I fell down and my foot went between the platform of the train and the platform of'the station.” This statement, with its elaboration, seems to have made out a prima facie case of negligence on the part of defendant, and there was no reason why the complaint should have been dismissed.
Respondent’s contention that the opening of the gate…
2Cases cited2 opinions
- Clark v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Schwartz v. New York City Railway Co.Appellate Terms of the Supreme Court of New York · 1907