Barry v. Interborough Rapid Transit Co.
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Trial Term. Action by Patrick Barry against the Interborough Rapid Transit Company. From a judgment for plaintiff, and from an order denying: defendant’s motion for new trial, defendant appeals. Reversed, and new trial ordered.
1Opinion of the CourtGerard, J.
Action brought by plaintiff to recover damages by reason of defendant’s alleged negligence. The plaintiff became a passenger of the defendant by paying his fare and boarding an elevated train. As he was descending the elevated railroad stairs leading to the-street, according to the testimony of his witnesses, he was caused to fall by reason of his trouser leg at the bottom catching a screw which *1055was protruding about half an inch from the level of the platform. The learned court below in effect charged the jury that if by no fault of his own—•
"the leg of his trouser was caught in that screw,…
2Cases cited2 opinions
- Woods v. New York & Queens County Railway Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Dinkelspiel v. Interborough Rapid Transit Co.Appellate Terms of the Supreme Court of New York · 1908