
    Agnes Norminton, Respondent, v. The Interborough Rapid Transit Co., Appellant.
    (Supreme Court, Appellate Term,
    November, 1905.)
    Carriers — Carriage of passengers — Liability for personal injuries to passengers—Contributory negligence of passenger — Standing in aisle.
    Where, after the conductor of an elevated train which had come to a stop between stations had announced that the train would soon start up again, a passenger had left her seat and, while standing in the aisle, was thrown and injured as, with a sudden jerk, the train started up again, she is not entitled to recover.
    Appeal by the defendant from a judgment in favor of the plaintiff rendered in the Municipal Court of the city of New York, sixth district, borough of Manhattan.
    G. R Goughian, for appellant.
    J. Deyo, for respondent.
   Per Curiam.

The plaintiff left her seat in the elevated railroad train before the car had reached a station, and stood in the aisle. The car gave a sudden jerk and she was thrown and injured. The case of Needham v. Interborough Rapid Transit Co., 48 Misc. Rep. 522, seems to be controlling here. The court there say, “ There 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.”

In the case at bar, the car came to a stop between stations, and the plaintiff voluntarily left her seat to stand up; the conductor announced that the car would soon start up again; it did.so, and plaintiff, while voluntarily standing in the aisle, was hurt

The judgment must he reversed and a new trial granted, with costs to appellant to abide the event.

Scott, J., concurs.

MacLean, J., taking no part.

Judgment reversed and new trial granted, with costs to appellant to abide event.  