The plaintiff was nonsuited, and is, of course, entitled to the mo favorable view of her evidence which the jury might properly have taken (Eastland v. Clarke, 165 N. Y. 420, 425), and we are clearly of opinion that it was error to dismiss the complaint. There was evidence from which the jury might properly have found that the plaintiff was a passenger upon one of the defendant’s street surface railroad cars; that while she was quietly sitting in the middle of the car, and without negligence on her part, flames and smoke appeared in various parts of the car, creating a panic among the passengers; that she, with others, attempted to leave the car, some through the windows and others by means of the door, and that while thus endeavoring to escape from what appeared to be a menace to their safety, the plaintiff fell or was pushed down, receiving injuries of a more or less serious character. It is true that her complaint alleged
The judgment appealed from should be reversed and a new trial granted, costs to abide the event.
All concurred.
Judgment reversed and new trial granted, costs to abide the event.