Plaintiff was struck by defendant's train after he had fallen to the tracks from the passenger platform at one of its stations. The trial court submitted the case to the jury under the doctrine of the last clear chance, holding as a matter of law that plaintiff had been guilty of contributory negligence. Judgment and order reversed on the law and the facts, and a new trial ordered, with costs to abide the event. In our opinion, the trial court committed prejudicial error...
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