150 N.Y.S. 219 | N.Y. Sup. Ct. | 1914
Plaintiff sues to recover damages for the loss of the services of his wife on account of personal injuries which his wife sustained through the alleged negligence of the defendant. The plaintiff’s wife was a passenger on one of the trains on defendant’s Third Avenue elevated road. The evidence showed that as she was about to leave the car, and had stepped forward toward the door, the car in stopping gave a sudden lurch, which caused her to fall. On cross-examination an attempt was made to make it appear that she had
In view of the proof adduced and the circumstances proved, there was sufficient evidence to call upon the defendant to explain. The dismissal of the complaint requires a reversal of the judgment.
Bijub and 'Cohalan, JJ., concur.
Judgment reversed and new trial ordered, with costs to appellant to abide event.