Zihal v. Staten Island Rapid Transit Railway Co.

This action to recover damages for personal injuries was brought more than three years after they were incurred by plaintiff. Plaintiff alleged that as he was leaving a train, his left leg, up to his hip, went into the space between the side of the train and the platform. He claimed that the occurrence was caused solely by reason of defendant’s maintenance and operation of its railroad and station in a dangerous manner, in that the aforesaid space was so wide and unguarded as to constitute a menace to passengers. There was conflicting testimony as to the width of the space, and as to whether,…