Allendorf v. Interborough Rapid Transit Co.

Headnote

Negligence — railroads — carriers — injury to passenger from stepping into opening between platform and train.

Allendorf v. Interborough Rapid Transit Company, 216 App. Div. 800 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 7, 1926, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant. Plaintiff, while attempting to board one of defendant’s trains at

the Times Square subway station in the city of New York, stepped into an opening between the train and station platform and received the injuries complained of. There was evidence that the crowd was so great as to deprive plaintiff of control over her movements; that no device was provided by defendant to close or bridge the open space and that no warning was given of its existence.

Judgment affirmed, with costs;