Fitzgerald v. New York City Railway Co.

It cannot be said to be contributory negligence, as a matter of law, for a person to cross a street railway track between two motionless cars. The circumstances under which this accident happened made it incumbent upon defendant to explain, how it happened that the car started and struck the plaintiff. The-dismissal of the complaint was error.

Judgment reversed, and new trial granted, with costs to appellant to abide the event.