McGrane v. Nassau Electric Railroad

Jenks, J.:

The defendant is the appellant in an action against it by its passenger for negligence. The court instructed the jury that if they find “ that this car did not stop until after the lady had fallen they must find a verdict for the defendant.” The defendant was entitled to this instruction for the reason that the cause of action alleged and sought to be proved was negligence in stopping the car and starting it “ while the plaintiff was in the act of alighting therefrom,” i. e., the sole negligence assigned and litigated was the omission to afford to the passenger reasonable…