Appellate Division of the Supreme Court of New York, 1942

Smith v. City of New York

Smith v. City of New York
Appellate Division of the Supreme Court of New York · Decided February 24, 1942
263 A.D. 973; 33 N.Y.S.2d 218
Smith v. City of New York

Opinion of the Court

Action to recover damages for personal injuries suffered by a passenger in defendant’s subway train as a consequence of a fall caused by the sudden stopping of the train. Judgment for plaintiff reversed on the facts and a new trial granted, with costs to abide the event. The finding that defendant was negligent in connection with bringing the train to a sudden stop was against the overwhelming weight of evidence. Hagarty, Carswell, Johnston, Taylor and Close, JJ., concur.

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