The plaintiff, standing about six inches from the edge of the platform in defendant’s subwaydn the Hudson Terminal Building in the city of New York, was jostled by the pushing of passengers as they crowded to take an incoming train, so that he fell to the track and was injured by the train. The court submitted the question whether the defendant was negligent in permitting so many passengers upon the platform. It is quite apparent that the disturbance was caused by the passengers compacting and surging forward to make early entrance to the arriving cars, and not from a general overloading of the platform. It was the customary forward striving for entrance to a train at a busy terminal with the expectable inconsiderate eagerness that such occasions develop. At such a time guards on the platform should watch the conditions and by warning, and by physical opposition if necessary, restrain aggressive persons and make the entrance orderly so far as reasonable use of abilities permits. The unrestrained impetuosity of some passengers and the unordered entrance of the crowd to the trains, noticed commonly at principal stations, obtained when plaintiff was hurt.
The judgment and order should be reversed and a new trial granted, costs to abide the event.
Jenks, P. J., Oarr, Woodward and Bich, JJ., concurred.
Judgment and order reversed and new trial granted, costs to abide the event.