Bunt v. New York Central Railroad

Headnote

Negligence ■— railroads ■— passenger killed by being thrown from platform of train —failure to close doors of vestibule while train was in motion. Bunt v. New York Central B. B. Co., 216 App. Div. 821 , affirmed.

1 Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department,

entered May 11, 1926, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term in an action to recover for the death of plaintiff’s intestate alleged to have been occasioned through the negligence of defendant. Intestate, while riding as a passenger on one of defendant’s trains stepped from the interior of the car in which he was riding, which was immediately next to the baggage car, onto the platform between the two cars and was thrown therefrom by a lurch of the train and killed. Plaintiff contended that defendant was guilty of negligence in having the vestibule doors open while the train was in motion.