50 Misc. 293 | N.Y. App. Term. | 1906
This is a husband’s action for the recovery of damages suffered by him in consequence of an accident to his wife. The claim is that after the wife, who was carrying a child in her arms, had safely boarded the car — a closed one — and was entering the car from the rear platform, the car was started with such a violent jerk that she was thrown forward on to her knees, and that then the car was stopped with a jerk so violent that she was thrown backward on to
Truax and Bischoff, JJ., concur.
Judgment reversed and new trial granted, with costs to appellant to abide event.