Having been nonsuited, the plaintiff is entitled to the benefit of every fact that the jury could have found from the evidence, as well as every reasonable inference that may be drawn therefrom. (McLean v. Triboro Coach Corp., 275 App. Div. 844.) In a death action the plaintiff is not held to as high a degree of proof of a cause of action as an injured plaintiff who can describe the occurrence. (Trimble v. City of New York, 275 App. Div. 169, leave to appeal...
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