Lashley v. Brooklyn & Queens Transit Corp.

In an action for damages for death by wrongful act, neglect or default, defendant appeals from a judgment in favor of plaintiff entered on a jury verdict. Judgment unanimously affirmed, with costs. Plaintiff made out a prima Jade case, but, aside from that, the testimony of the motorman warranted a finding of negligence on the part of the defendant and took to the jury the question of contributory negligence by the decedent. Present — Lazansky, P. J., Hagarty, Carswell, Adel and Taylor, JJ.