VADELL v. LONG ISLAND R. R.


6 A.D.2d 88 (1958)

Esperanza Vadell, as Administratrix of The Estate of Antonio Vadell, Deceased, Respondent, v. Long Island Rail Road Company, Appellant

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

June 24, 1958.


Attorney(s) appearing for the Case

William F. McNulty of counsel (William J. O'Brien with him on the brief; Otto M. Buerger, attorney), for appellant.

Herman Mendes of counsel (Jerome Heffer with him on the brief), for respondent.

BREITEL, J. P., RABIN, FRANK and STEVENS, JJ., concur.


VALENTE, J.

The intestate was killed on the night of September 30, 1953 when an automobile which he was driving came in contact with one of defendant's electric trains at a grade crossing in the village of Freeport, Long Island. In an action to recover damages for wrongful death, a jury returned a verdict in favour of plaintiff administratrix in the sum of $45,000.

Defendant appeals from the judgment, as...

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