Callaghan v. City of New York

Paxton Blair, Special Referee.

This is an action by a woman subway passenger for injuries sustained when, under pressure from a closely packed crowd, she was caused to fall between a car and the platform. Her husband sues for loss of consortium. Both plaintiffs proved damages up to the full amount of their respective notices of claim filed with the comptroller. The question for decision is whether negligence on the defendant’s part was proved.

After an examination of a great many decisions, and a study of the records and briefs underlying them, I am compelled, in spite of my great sympathy for…