Negligence. Elevated Railway. It is no evidence of negligence on the part of an elevated railway company operating a train in a subway, that while the train was stopping at a station in the subway, where a curve of the track increased the space between the platforms of the cars on the outer side of the curve, a woman passing from one car to another, and not looking down to see the width of the space between the cars, fell and was injured by reason of one of her legs going down into the space as far as her knee, and that she saw no guard or other employee of the railway company on either of the car platforms before she fell. Whether on these facts the woman could have been found to be in the exercise of due care, quære.
BY THE COURT.
The testimony of the plaintiff and her daughter furnished no evidence of negligence on the part of the defendant. It is at least very questionable whether there was any evidence that the plaintiff was in the exercise of due care.
Exceptions overruled.