NEPOLA v. CITY OF NEW YORK


279 A.D. 862 (1952)

Rose Nepola, as Administratrix of The Estate of Edward Nepola, Deceased, Respondent, v. City of New York, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

February 26, 1952.


Per Curiam.

Decedent was killed by a subway train. The only proof of the facts leading to the accident is the testimony of the motorman of the train offered by deposition at the trial. He testified that when he was entering the 86th Street Station of the Lexington Avenue line he noticed a passenger leave the wall of the station and "run toward the edge of the platform."

The run was described as "fast" and the narrative continued that the decedent made...

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