Smith v. City of New York

Appellate Division of the Supreme Court of New York

Smith v. City of New York

263 A.D. 973, 33 N.Y.S.2d 218

Appellate Division of the Supreme Court of the State of New York·Decided February 24, 1942·Published

Opinion

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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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.

Smith v. City of New York, 263 A.D. 973, 33 N.Y.S.2d 218 (N.Y. Ct. App. 1942).

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263 A.D. 973 (Smith v. City of New York) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.