Egan v. Forty-Second Street, Manhattanville & St. Nicholas Avenue Railroad

The plaintiff moves to set aside a dismissal of the complaint upon trial of this action. The evidence, as 1 remember it, was substantially *531that the plaintiff stepped into a hole in One Hundred and Tenth street, between the rails of a horse-car track, and, catching his foot under the wooden •stringer below the iron rail of one of the tracks, fell, and broke his leg. He claims that he was not negligent, and that the railroad company was so in not closing the hole, and asks for damages.

It does not appear from the evidence that it was the duty of the defendant to keep the space of the street…