ROBINSON v. CITY OF NEW YORK


5 Misc.2d 714 (1956)

Anna Robinson et al., Respondents, v. City of New York, Appellant.

Supreme Court, Appellate Term, First Department.

December 20, 1956.


Attorney(s) appearing for the Case

Peter Campbell Brown, Corporation Counsel (Eugene J. Keefe and Seymour B. Quel of counsel), for appellant.

Arnold V. Schwartz and Isadore Aberlin for respondents.

HOFSTADTER, AURELIO and TILZER, JJ., concur.


Per Curiam.

Under the court's charge the verdict could have been based upon negligent overcrowding or negligence in permitting the nun to sit in the terminal seeking alms. The evidence adduced at the trial does not establish a dangerous overcrowding or that the crowd was so excessive as to threaten plaintiff's safety. There was no disorderliness or gang action. The alleged overcrowding and lack of guards were not the contributory causes of her fall. Plaintiff...

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