Majority
p. 594Fitzroy D’Arcy, as Administrator of the Estate of Violet D’Arcy, Deceased, Respondent, v. Interborough Rapid Transit Company, Appellant. (Argued October 16, 1916; decided October 31, 1916.)
Headnote
JD'Arcy v. Interborough Rapid Transit Co., 165 App. Div. 757 , affirmed.Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 28, 1915, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and granting a new trial in an action to recover for the death of plaintiff’s intestate alleged to have been occasioned through the negligence of the defendant, a common carrier, in running a train
p. 595
in the reverse direction, i. e., southerly, at high speed and without warning past a subway station platform for north-bound trains, striking and killing intestate, while she, a passenger on said platform, was looking over its edge for a north-bound train.
B. H. Ames, Frederick Allis and James L. Quack&ibush for appellant.
Ralph Gillette for respondent.
Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts; no opinion.
Concur: Willard Bartlett, Oh. J., Hiscock, Chase, Collin, Ouddeback, Cardozo and Pound, JJ.
Cases cited
- D'Arcy v. Interborough Rapid Transit Co. 165 App. Div. 757 p. 594