26 A.D. 336 | N.Y. App. Div. | 1898
. The action is to recover damages for negligence. The averments of the complaint, upon which the action is predicated, are in substance that the defendant stopped its car for the plaintiff to alight therefrom, and that, while she was in the act of alighting, the defendant carelessly and negligently caused the car to suddenly start with a jerk, without any warning to the plaintiff, and that by reason of such act she sustained the injuries of which complaint is made. The proof upon the part of the plaintiff tended to sustain the allegations of her complaint and to show that -the car had come to a standstill at the time the plaintiff attempted to alight. Upon these
All concurred.
Judgment and order reversed and new trial granted, costs to abide the event.