Needham v. Interborough Rapid Transit Co.

There was no proof of negligence. All that is testified to is by the plaintiff that, as he walked toward the door, the train came to a “ sudden stop ” and he was thrown down. This is not sufficient to justify the inference that defendant or any of its servants was negligent. The complaint should have been dismissed.

Bischoff and Fitzgerald, JJ., concur.

Complaint dismissed.