De Nicolo v. Palmer

BYERS, District Judge.

This is a personal injury case, tried to the Court without a jury.

At about 7:30 a. m. on January 27, 1937, the plaintiff, then about sixty years of age, fell from the top to the bottom of a 14-step stairway leading to the train platform from a bridge crossing the tracks of the defendant company at Harrison, Westchester County, New York. He had purchased a ticket to Larchmont, a station between Harrison and New York City, and then used the overhead' bridge to reach the west-, bound train leaving at 7:32 o’clock.

He said that, as he was about to go down, he put his left…