Boettcher v. Dowling

The action is one to recover money damages for personal injuries alleged to have been sustained by the plaintiff on April 28, 1933, about two-thirty p. m., at the station of the subway railroad operated by the defendants, located at Ninety-sixth street and Broadway, New York, N. Y.

Plaintiff claims that the defendant’s negligence consisted of permitting the flooring of the arcade to be in a “ slippery and muddy ” condition. Her witness Kimmerle testified that the passageway was wet in its entire length for a distance of two and one-half to three feet from each side wall; that the “ water and…