50 Misc. 160 | N.Y. App. Term. | 1906
Plaintiff became a passenger on one o± defendant’s cars at the One Hundred and Third street suhway station. It was early in the morning and quite a crowd of people were on the platform awaiting the train when it arrived. It stopped so that the door of one of the cars was within two or three feet of where plaintiff was standing. Quite a crowd had collected on the platform. When the train stopped the door of the car in front of the plaintiff was opened by the guard only about two-thirds of the way, and left in that condition by him for the passengers to enter the car. A number of people who were ahead of plaintiff entered through the partly opened doorway; and, as plaintiff moved up with the crowd, and in his turn, he was jostled or pushed by the crowd behind him, when he instinctively threw up his hand to save himself and prevent his falling and, in doing so, placed it against the front casing of this door which was partly open and, while his hand was in this position, the door was opened to its full extent and plaintiff’s
The judgment should be reversed and a new trial granted, with costs to appellant to abide the event.
Q’Gobman and Hewbuegeb, JJ., concur.
Judgment reversed and new trial granted, with costs to appellant to abide event.