79 N.Y.S. 1017 | N.Y. App. Div. | 1903
The plaintiff was a passenger upon one of the defendant’s south-bound Madison avenue cars, and had asked for and received a transfer to East Fourteenth street. Just before the car reached the crossing, the conductor cried out “Transfer!” and the car came to a full standstill on the upper side of Fourteenth street. While the car was thus standing, the plaintiff, who had been riding on the rear platform, stepped down upon the step, and had one foot upon the ground, when the car started, throwing the plaintiff to the street, inflicting injuries which the jury has assessed at $1,500. The learned trial court reserved decision upon the defendant’s motion to dismiss the complaint, and subsequent to the coming in of the jury decided the motion and dismissed the complaint, so that the case is left with no verdict of the jury, and the motion for a new trial is not here for review. Griffiths v. Railway Co., 63 App. Div. 86, 88, 71 N. Y. Supp. 406. The plaintiff appeals.
Order setting aside verdict and dismissing complaint and judgment entered thereon reversed, and judgment directed in favor of the plaintiff upon the verdict, with costs. All concur.