Opinion
October 26, 1942.
Plaintiff, a passenger on defendant's subway, sues to recover damages for personal injuries sustained when she was struck and injured by the sudden closing of the door of a subway car which she was about to enter. Plaintiff appeals, on the ground of inadequacy, from a judgment in her favor, and from an order denying her motion to set aside the verdict and for a new trial. Judgment and order reversed on the facts and a new trial granted, with costs to plaintiff to abide the event, unless within twenty days from the entry of the order hereon defendant stipulate to increase the verdict to the sum of $4,000, in which event the judgment, as so increased, is unanimously affirmed, without costs, and the appeal from the order is dismissed, without costs. In our opinion, the verdict of $1,500 was inadequate. Lazansky, P.J., Carswell, Johnston, Adel and Close, JJ., concur.