Appellate Division of the Supreme Court of New York, 1944

Smith v. Brooklyn & Queens Transit Corp.

Smith v. Brooklyn & Queens Transit Corp.
Appellate Division of the Supreme Court of New York · Decided May 15, 1944
267 A.D. 997; 48 N.Y.S.2d 229; 1944 N.Y. App. Div. LEXIS 5988
Smith v. Brooklyn & Queens Transit Corp.

Opinion of the Court

Action to recover damages for personal injuries sustained as the result of the alleged negligence of the defendant in prematurely closing the doors of its trolley car as plaintiff was alighting. Judgment reversed on the law and a new trial granted, with costs to appellant to abide the event. The court erroneously directed a verdict for the defendant. Plaintiff's evidence established a prima facie case, which was not destroyed by contradictions in her testimony. Close, P. J., Hagarty, Adel, pewis and Aldrich, JJ., concur.

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