Sykes v. City of New York

Judgment affirmed, with costs. No opinion. Carswell, Adel and Lewis, JJ., concur; Hagarty, Acting P. J., and Johnston, J., dissent and vote to reverse the judgment and to dismiss the complaint, with the following memorandum: The action is for wrongful death. Plaintiff’s intestate was a passenger on a Seventh Avenue subway train owned and operated by defendant. He, together with about ten other passengers, was standing in the front vestibule of the rear car. While the train was proceeding from the Park Place to the Chambers Street station and around a curve, it swayed and the storm door opened…