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48 Misc. 522

Needham v. Interborough Rapid Transit Co.

Appellate Terms of the Supreme Court of New York · decided 1905-11-15

Appeal by defendant from a judgment in favor of plaintiff rendered in the Municipal Court of the city of New York, seventh district, borough of Manhattan.

Decided 1905-11-15

Scott, J.

¶1There was no proof of negligence. All that is testified to is by the plaintiff that, as he walked toward the door, the train came to a “ sudden stop and he was thrown down. This is not sufficient to justify the inference that defendant or any of its servants was negligent. The complaint should have been dismissed.

¶2Bischoff and Fitzgerald, JJ., concur.

¶3Complaint dismissed.

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