STEWART v. CITY OF NEW YORK


4 A.D.2d 791 (1957)

Ester Stewart, as Administratrix of The Estate of George Stewart, Deceased, Appellant, v. City of New York, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 15, 1957


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

There was evidence that appellant, a passenger in a crowded subway train, was pushed out of the train by the surging of the crowd. This proof, considered in the light of all the attendant circumstances, was sufficient to present to the jury an issue as to the actionable negligence of the respondent (Lehr v. Steinway & Hunters Point R. R. Co., 118 N.Y. 556; Ryan v....

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