Voorhees v. Kings Co. Elevated Railroad

Clement, Ch. J.

The plaintiff was a passenger on defendant’s train, and while seated, placed his right arm on the sill of the open window, which suddenly fell and struck his little linger, whereby he sustained an injury. Plaintiff, on his direct-examination, testified that he knew that the window, prior to its fall, was held by the catch, but on cross-examination admitted that he knew nothing about it except that the window was up. It is just as probable that the window was not raised to the proper height as that the catch was defective. A passenger on an elevated car should either not place…