Smith v. City of New York

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.