Pfluger v. Interborough Rapid Transit Co.

Headnote

Pfluger v. Interborough B. Pr. Co., 170 App. Div. 915 , affirmed.

Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered July 30, 1915, reversing a judgment in favor of defendant entered upon a dismissal of the complaint' by the court at a Trial Term and granting a new trial in an action to recover for personal injuries alleged to have been sustained by plaintiff through defendant’s negligence in caus ng or suffering plaintiff, when boarding one of défendant s subway trains, at the Fourteenth street station, in the city of New York, on the 11th of October, 1912, to step into the open space or cavity between the side door of the south-bound express car, at which she was entering, and the concave curve of the station platform at that point, and fall down and hurt herself. The answer was a general denial and plea of contributory negligence.