TRIOLA v. LONG ISLAND RAIL RD. CO.


5 A.D.2d 691 (1957)

Angelina Triola, as Administratrix of The Estate of Stephen J. Triola, Deceased, Respondent, v. Long Island Rail Road Company, Appellant

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

December 16, 1957


Judgment reversed and a new trial granted, with costs to abide the event.

According to the proof in behalf of respondent, the train had just started on its way to the next station and was moving slowly when respondent's intestate tried to board it from the ground-level station platform with the aid of the handrail on the outside of the car, to the right of the entrance thereto. Said proof was further to the effect that he had gained a foothold on the first step of...

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