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Newell v. Brooklyn, Queens County & Suburban Railroad

244 A.D. 738 Court N.Y. App. Div. English

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p. 738
Jay D. Newell, as Administrator, etc., of Bernard Newell,. Deceased, Respondent, v. Brooklyn, Queens County and Suburban Railroad Company, Appellant.

Action to recover damages for the death of plaintiff’s intestate, who fell while alighting from defendant’s trolley car, on which he was a passenger. Appeal from judgment in plaintiff’s favor. Judgment affirmed, with costs. No opinion. Hagarty, Seudder, Tompkins and Davis, JJ., concur; Lazansky, P. J., dissents and votes for reversal and a new trial upon the ground that the determination of the jury was against the weight of the evidence.