54 N.Y.S. 248 | N.Y. App. Div. | 1898
Assuming that there was an obligation upon the defendants to use reasonable prudence and care to keep the platform and steps of the depot in such a condition that those who are permitted to use the premises should not he unnecessarily exposed to danger, we think the evidence failed to show that the defendants were negligent in the performance of that obligation. The plaintiff went to the depot of the defendants at New London, Conn., for the purpose of obtaining a meal at the restaurant situated in the depot. He was not a passenger upon the defendants’ road, nor did he intend to become a passenger. After obtaining his meal, he started to leave the depot, at about 8 o’clock in the evening, when he slipped upon the steps leading from the depot to the station platform, and fell, sustaining the injuries to recover for which this action
The judgment appealed from is therefore affirmed, with costs. All concur.