Davis v. Long Island R. — 143 N.Y.S. 1112

Majority

p. 1112

DAVIS v. LONG ISLAND R. CO.

(Supreme Court, Appellate Term, First Department.

November 13, 1913.)

Headnote

Appeal from Municipal Court, Borough of Manhattan, Second District. Action by Sadie Davis against the Long Island Railroad Company. From a judgment for plaintiff, defendant appeals. Reversed and complaint dismissed. Joseph F. Keany of New York City (Edward Kelly, of New lork City, of counsel), for appellant. Charles S. Rosenthal, of New York City, for respondent

Plaintiff sued to recover dam-

ages for personal injuries sustained by her while a passenger upon one of the trains of the defendant While plaintiff was seated in the car, a person not shown to he an employé of the defendant entered the car and dropped a board which he was carrying, upon the plaintiff's foot. It is for the injury thus caused that the plaintiff has recovered judgment. There is no evidence to show that the person who dropped the board was an employd of the defendant, and no evidence to show that the servants of the defendant in charge of the car were guilty of any act of negligence. It follows that the )udgment must be reversed, with costs, and the complaint dismissed, with costs, without prejudice. All concur. -