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Burgess v. Long Island Rail Road

272 A.D.2d 768 Court N.Y. App. Div. Decision date 1947-04-07 English

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p. 768
Thomas D. Burgess, Respondent, v. Long Island Rail Road Company, Appellant.

Action to recover damages for injuries to plaintiff’s eye, inflicted while he was riding as a passenger in defendant’s railroad train. Judgment, entered on the verdict of a jury in favor of plaintiff, and order denying defendant’s motion to set aside the verdict and for a new trial, reversed on. the facts and the motion granted, with costs to abide the event. The verdict is against the weight of the evidence. Carswell, Acting P. J., Johnston, Adel, Nolan and Sneed, JJ., concur.