Stewart v. City of New York

In an action to recover damages for personal injury the appeal is from a judgment, setting aside a verdict in favor of the appellant and dismissing the complaint after direction of a verdict in favor of respondent, and from the decision of the Trial Justice. Judgment reversed and a new trial granted, with costs to appellant to abide the event. There was evidence that appellant, a passenger in a crowded subway train, was pushed out of the train by the surging of the crowd. This proof, considered in the light of all the attendant circumstances, was sufficient to present to the jury an issue as…