Appellate Division of the Supreme Court of the State of New York March 15, 1935 (Tierney v. New York Rapid Transit Corp.)

In an action for personal injuries, judgment for the defendant, entered upon a dismissal of the complaint, reversed on the law and the facts and a new trial granted, costs to abide the event. We are of the opinion that the jury might find that the absence of light on the stairway was at least an efficient, concurring, proximate cause of the accident.