
    Bertha Fidelman, Respondent, v. New York Rapid Transit Corporation, Appellant.
    
      Negligence — railroads — injury to passenger leaving subway car through stepping into space between car and platform —failure to provide guard to regulate crowd.
    
    
      Fidelman v. New York R. T. Corp., 219 App. Div. 839, affirmed.
    (Argued October 12, 1927;
    decided October 28, 1927.)
    Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 26,1927, unanimously 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, a passenger on one of defendant’s West End fine subway cars in the borough of Brooklyn, attempted to leave at the Ninth avenue station. She testified that the car was crowded and that when the doors were opened she was carried forward with the crowd until her foot sunk in a space between the ear and platform causing her to fall; that other passengers fell and walked over her and she received the injuries complained of; that there was no guard or conductor on the car or platform to regulate the crowd.
    
      George D. Yeomans and Harold L. Warner for appellant.
    
      Isidor Weis for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman and O’Brien, JJ. Not sitting: Kellogg, J.  