Appellate Terms of the Supreme Court of New York, 1905

Needham v. Interborough Rapid Transit Co.

Appellate Terms of the Supreme Court of New York · Decided November 3, 1905 · Scott

95 N.Y.S. 561 (New York Supplement)

Counsel

Charles A. Gardiner (Frederick H. Cunningham and Theodore L. . Waugh, of counsel), for appellant., Sharon Graham, for respondent.

Opinion of the Court

SCOTT, P. J.

There was no proof of negligence. All that is testified to is by the plaintiff that as he walked towards 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 were negligent. The complaint should have been dismissed. Black v. Third Ave. R. R. Co., 2 App. Div. 387, 37 N. Y. Supp. 830.

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

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