Appellate Division of the Supreme Court of the State of New York December 29, 1905 (Strembel v. Brooklyn Heights Railroad)

Jenks, J.

The action is for negligence. The plaintiff became a passenger ' in a car of the elevated railroad of defendant at the 'terminus near • Broadway ferry. She sat in a cross seat of thé car, laid her hand on the sill of an open window, and kept it there.continuously. After a time and during her journey the window fell-upon her. hand and injured it.