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Dauphinee v. New York Rapid Transit Corp.

265 A.D. 824 Court N.Y. App. Div. Decision date 1942-10-13 English

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p. 824
Margaret M. Dauphinee, as Administratrix of the Estate of John Dauphinee, Deceased, Appellant, v. New York Rapid Transit Corporation, Respondent.

No opinion. Johnston, Adel and Taylor, JJ., concur. Lazansky, P. J., and Close, J., dissent and vote to reverse the judgment and to grant a new trial in order to ascertain possible liability on the “last clear chance” theory, on the ground that there was presented a question of fact for determination by the jury as to the location of the decedent at the time the motorman saw him.