Ryan v. City of New York
| Decision Date | 08 July 1959 |
| Citation | 6 N.Y.2d 896,190 N.Y.S.2d 705,160 N.E.2d 924 |
| Parties | , 160 N.E.2d 924 Julia D. RYAN, Appellant, v. CITY OF NEW YORK, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, First Department, 7 A.D.2d 298, 182 N.Y.S.2d 616.
Passenger brought action against city for injuries allegedly sustained when she was pushed by an unidentified third person while going through a turnstile at subway station of city, on ground that city was negligent in permitting large crowds of persons to congregate in and about its subway station and in failing to take precautions to restrain such crowds, and in failing to employ and furnish sufficient guards.
The Supreme Court, Bronx County, Rocco A. Parella, J., entered judgment in favor of the passenger after the passenger stipulated to a reduction in the verdict from $25,000 to $17,684, and the city appealed.
The Appellate Division reversed the judgment, dismissed the complaint, and held that evidence established that passenger's injuries were caused by carelessness of a third person in not giving passenger an opportunity to clear the turnstile, and that claimed negligence of city in permitting overcrowding of subway station was not a proximate cause of the accident.
The pedestrian appealed to the Court of Appeals, contending that since the Appellate Division reversed the judgment in favor of the passenger on the facts and the law, the Court of Appeals could review the facts and determine whether the decision of the Appellate Division was in accord with the weight of the evidence, and that evidence showed that the accident was caused by pushing and shoving of crowd so large and unmanaged that passenger was restricted in her free movements, and that the crowd was so large as to require the attendance of guards, and that city, in exercise of reasonable foresight, should have foreseen the condition of the crowding, and that the Appellate Division erred in holding that passenger failed to establish that platform was so crowded in the morning of the accident as to place an undue restriction on her freedom of movement, and that it was not the claim of the passenger that it was the act of an unidentified third person in prematurely pushing the turnstile bar that caused the accident.
Philip J. O'Brien, New York City (John G. Coleman, New York City, of counsel), for plaintiff-appellant.
Charles H. Tenney, New York City (Seymour B. Quel and John A. Murray, New York City, of counsel), for defenda...
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