Order of the Appellate Term reversed on the law and the facts, without costs in this court and in the Appellate Term, judgment of the City Court vacated, and complaint dismissed.
The jury had no right to reject the testimony of the motorman, the operator of the subway train which was alleged to have caused the insured's death. That testimony showed that the insured jumped in front of the train when it was within three feet of him. The testimony was supported by undisputed...
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